Bill Text: TX HB2857 | 2011-2012 | 82nd Legislature | Enrolled

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Bill Title: Relating to regulation of outdoor lighting in certain areas; providing a criminal penalty and for injunctive relief.

Spectrum: Partisan Bill (Democrat 2-0)

Status: (Passed) 2011-06-17 - Effective on 1/1/12 [HB2857 Detail]

Download: Texas-2011-HB2857-Enrolled.html

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H.B. No. 2857

AN ACT
relating to regulation of outdoor lighting in certain areas;
providing a criminal penalty and for injunctive relief.
BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
SECTION 1. Chapter 229, Local Government Code, is amended
by adding Subchapter B to read as follows:
SUBCHAPTER B. REGULATION OF OUTDOOR LIGHTING
Sec. 229.051. DEFINITIONS. In this subchapter, "major
astronomical observatory" and "outdoor lighting" have the meanings
assigned by Section 240.031.
Sec. 229.052. APPLICABILITY. (a) This subchapter applies
to a municipality located in a county any part of which is located
within 57 miles of a major astronomical observatory at the McDonald
Observatory.
(b) This subchapter does not apply to:
(1) outdoor lighting in existence or under
construction on January 1, 2012; or
(2) the installation, maintenance, repair, or
replacement of outdoor lighting owned or operated by an electric
utility as defined by Section 31.002, Utilities Code.
Sec. 229.053. REGULATION OF OUTDOOR LIGHTING. (a) The
governing body of a municipality by ordinance shall regulate the
installation and use of outdoor lighting.
(b) An ordinance adopted under this section must be designed
to protect against the use of outdoor lighting in a way that
interferes with scientific astronomical research of an
observatory.
(c) In the ordinance, the governing body may:
(1) require that a permit be obtained from the
municipality before the installation and use of certain types of
outdoor lighting in a regulated area;
(2) establish a fee in an amount to cover the costs of
administrating the issuance of the permit;
(3) prohibit the use of a type of outdoor lighting that
is incompatible with the effective use of an observatory;
(4) establish requirements for the shielding of
outdoor lighting; and
(5) regulate the times during which certain types of
outdoor lighting may be used.
(d) The governing body may apply more stringent standards
for areas in which the use of outdoor lighting has a greater impact
on observatory activities.
(e) The governing body may adopt an ordinance under this
section only after conducting a public hearing on the proposed
ordinance. The governing body shall give at least two weeks' public
notice of the hearing.
Sec. 229.054. REGULATION OF SUBDIVISIONS. (a) The
governing body of a municipality by ordinance shall establish
standards relating to proposed subdivisions to minimize the
interference with observatory activities caused by outdoor
lighting.
(b) The governing body may not approve a subdivision plat
unless the plat provides that outdoor lighting will comply with
standards adopted under this section.
Sec. 229.055. ENFORCEMENT; PENALTY. (a) A municipality
may sue in any court to enjoin a violation of this subchapter.
(b) A person who violates an ordinance adopted under this
subchapter commits an offense. An offense under this section is a
Class C misdemeanor.
SECTION 2. Section 240.032(a), Local Government Code, is
amended to read as follows:
(a) The [On the request of the director of McDonald
Observatory, the] commissioners court of a county, any part of
which is located within 57 miles of a major astronomical
observatory at the McDonald Observatory, shall [may] adopt orders
regulating the installation and use of outdoor lighting in any
unincorporated territory of the county.
SECTION 3. Section 240.033, Local Government Code, is
amended by amending Subsection (b) and adding Subsections (c) and
(d) to read as follows:
(b) The commissioners court of a county, any part of which
is located within 57 miles of a major astronomical observatory at
the McDonald Observatory, shall adopt orders establishing
standards relating to proposed subdivisions to minimize the
interference with observatory activities caused by outdoor
lighting.
(c) The commissioners court of a county, any part of which
is located [or] within five miles of a major astronomical
observatory at the George Observatory or the Stephen F. Austin
State University Observatory, may adopt orders establishing
standards relating to proposed subdivisions [in order] to minimize
the interference with observatory activities caused by outdoor
lighting.
(d) A [The] commissioners court that adopts orders under
this section may not approve a plat of a proposed subdivision that
does not meet the standards established in the orders.
SECTION 4. Chapter 229, Local Government Code, is amended
by designating Sections 229.001, 229.002, and 229.003 as Subchapter
A and adding a heading for Subchapter A to read as follows:
SUBCHAPTER A. REGULATION OF FIREARMS AND EXPLOSIVES
SECTION 5. Section 240.031(3), Local Government Code, is
repealed.
SECTION 6. This Act takes effect January 1, 2012.
______________________________ ______________________________
President of the Senate Speaker of the House
I certify that H.B. No. 2857 was passed by the House on April
21, 2011, by the following vote: Yeas 145, Nays 3, 1 present, not
voting; and that the House concurred in Senate amendments to H.B.
No. 2857 on May 27, 2011, by the following vote: Yeas 141, Nays 1,
2 present, not voting.
______________________________
Chief Clerk of the House
I certify that H.B. No. 2857 was passed by the Senate, with
amendments, on May 25, 2011, by the following vote: Yeas 25, Nays
6.
______________________________
Secretary of the Senate
APPROVED: __________________
Date
__________________
Governor