Bill Text: TX HB298 | 2021-2022 | 87th Legislature | Comm Sub
Bill Title: Relating to regulation of outdoor lighting by certain municipalities; authorizing the imposition of a civil penalty.
Sponsorship: Partisan Bill (Democrat 1)
Status: (Introduced - Dead) 2021-05-13 - Placed on General State Calendar [HB298 Detail]
Download: Texas-2021-HB298-Comm_Sub.html
| 87R16723 DRS-F | |||
| By: Zwiener | H.B. No. 298 | ||
| Substitute the following for H.B. No. 298: | |||
| By: Campos | C.S.H.B. No. 298 | ||
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| relating to regulation of outdoor lighting by certain | ||
| municipalities; authorizing the imposition of a civil penalty. | ||
| BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS: | ||
| SECTION 1. The heading to Subchapter B, Chapter 229, Local | ||
| Government Code, is amended to read as follows: | ||
| SUBCHAPTER B. REGULATION OF OUTDOOR LIGHTING NEAR MAJOR | ||
| ASTRONOMICAL OBSERVATORY | ||
| SECTION 2. Chapter 229, Local Government Code, is amended | ||
| by adding Subchapter C to read as follows: | ||
| SUBCHAPTER C. GENERAL REGULATION OF OUTDOOR LIGHTING BY CERTAIN | ||
| MUNICIPALITIES | ||
| Sec. 229.101. DEFINITION. In this subchapter, "outdoor | ||
| lighting" has the meaning assigned by Section 240.031. | ||
| Sec. 229.102. NO LIMITATION ON OTHER AUTHORITY. This | ||
| subchapter does not limit the authority of a municipality to | ||
| regulate outdoor lighting under other law or authority. | ||
| Sec. 229.103. REGULATION OF OUTDOOR LIGHTING. (a) Except | ||
| as provided by Subsection (c) and subject to Subsection (b), the | ||
| governing body of a municipality that has received an International | ||
| Dark Sky Community designation by ordinance may regulate the | ||
| installation and use of outdoor lighting in the municipality and | ||
| the municipality's extraterritorial jurisdiction. | ||
| (b) An ordinance adopted under this section may not require | ||
| outdoor lighting constructed before the date the ordinance is | ||
| adopted to be brought into compliance with the ordinance before the | ||
| later of September 1, 2026, or the fifth anniversary of the date the | ||
| ordinance is adopted. | ||
| (c) Except as provided by Subsection (d), an ordinance under | ||
| this section may not apply to outdoor lighting that is: | ||
| (1) constructed before the date the ordinance is | ||
| adopted; and | ||
| (2) located on residential property with four or fewer | ||
| dwelling units located in the extraterritorial jurisdiction of the | ||
| municipality. | ||
| (d) A municipality may apply an ordinance under this section | ||
| to outdoor lighting described by Subsection (c) that is part of a | ||
| renovation of a property. | ||
| Sec. 229.104. ENFORCEMENT; CIVIL PENALTY. (a) A | ||
| municipality may sue in any court to enjoin a violation of an | ||
| ordinance adopted under this subchapter. | ||
| (b) A person who violates an ordinance adopted under this | ||
| subchapter is liable for a civil penalty not to exceed $500. | ||
| (c) A municipal court has original jurisdiction over a | ||
| violation of an ordinance adopted under Section 229.103 alleged to | ||
| have occurred in the extraterritorial jurisdiction of the | ||
| municipality. | ||
| SECTION 3. This Act takes effect September 1, 2021. | ||
