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House Bill 2857 |
House Author: Gallego |
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Effective: 1-1-12 |
Senate Sponsor: Uresti |
House Bill 2857 amends the Local Government Code to establish provisions relating to the regulation by municipal ordinance of outdoor lighting in a municipality located in a county any part of which is located within 57 miles of a major astronomical observatory at the McDonald Observatory. The bill makes these provisions inapplicable to outdoor lighting in existence or under construction on January 1, 2012, and to the installation, maintenance, repair, or replacement of outdoor lighting owned or operated by an electric utility regulated by the Public Utility Commission of Texas. The bill authorizes an applicable municipality to sue in any court to enjoin a violation of these provisions and makes it a Class C misdemeanor for a person to violate an ordinance adopted under such provisions.
The bill requires the commissioners court of a county, any part of which is located within 57 miles of a major astronomical observatory at the McDonald Observatory, to adopt orders regulating the installation and use of outdoor lighting in any unincorporated territory of the county whereas previous law authorized the commissioners court to adopt such orders on the request of the director of the McDonald Observatory. The bill requires, rather than authorizes, such a commissioners court to adopt orders establishing standards relating to certain proposed subdivisions to minimize the interference with observatory activities caused by outdoor lighting. The bill repeals the definition of "person" applicable to provisions relating to outdoor lighting near observatories and military installations.