By Rodriguez H.B. No. 600
75R751 SKB-D
A BILL TO BE ENTITLED
1-1 AN ACT
1-2 relating to regulation of outdoor lighting at state funded
1-3 entities.
1-4 BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
1-5 SECTION 1. Subtitle E, Title 5, Health and Safety Code, is
1-6 amended by adding Chapter 421 to read as follows:
1-7 CHAPTER 421. REGULATION OF CERTAIN OUTDOOR LIGHTING
1-8 Sec. 421.001. DEFINITIONS. In this chapter:
1-9 (1) "Light pollution" means the night sky glow caused
1-10 by the scattering of artificial light in the atmosphere.
1-11 (2) "Outdoor lighting fixture" means any type of fixed
1-12 or movable lighting equipment that is designed or used for
1-13 illumination out of doors. The term includes billboard lighting,
1-14 street lights, searchlights and other lighting used for advertising
1-15 purposes, and area lighting. The term does not include lighting
1-16 equipment that is required by law to be installed on motor vehicles
1-17 or lighting required for the safe operation of aircraft.
1-18 (3) "State funds" means:
1-19 (A) money appropriated by the legislature; or
1-20 (B) bond revenues of the state.
1-21 Sec. 421.002. STANDARDS FOR STATE FUNDED OUTDOOR LIGHTING
1-22 FIXTURES. (a) An outdoor lighting fixture may be installed,
1-23 replaced, maintained, or operated using state funds only if:
1-24 (1) the new or replacement outdoor lighting fixture is
2-1 a fully shielded outdoor lighting fixture that allows no direct
2-2 light to travel upward into the night sky if the rated output of
2-3 the outdoor lighting fixture is greater than 1,800 lumens;
2-4 (2) the minimum illuminance specified by local
2-5 ordinance is used, if a local ordinance applies;
2-6 (3) the minimum illuminance adequate for the intended
2-7 purpose is used, if a local lighting ordinance does not apply;
2-8 (4) for lighting of a designated highway of the state
2-9 highway system, the Texas Department of Transportation determines
2-10 that the purpose of the outdoor lighting fixture cannot be achieved
2-11 by the installation of reflective road markers, lines, warning or
2-12 informational signs, or other effective passive methods; and
2-13 (5) full consideration has been given to conserving
2-14 energy, reducing glare, minimizing light pollution, and preserving
2-15 the natural night environment.
2-16 (b) Subsection (a) does not apply if:
2-17 (1) a federal law, rule, or regulation preempts state
2-18 law;
2-19 (2) the outdoor lighting fixture is used on a
2-20 temporary basis because emergency personnel require additional
2-21 illumination for emergency procedures;
2-22 (3) special events or situations require additional
2-23 illumination; or
2-24 (4) a compelling safety interest exists that cannot be
2-25 addressed by another method.
2-26 (c) Special events or situations that may require additional
2-27 illumination include sporting events and illumination of monuments
3-1 or flags. Illumination for special events or situations must be
3-2 installed to shield the outdoor lighting fixtures from direct view
3-3 and to minimize upward lighting and light pollution.
3-4 SECTION 2. The heading of Subtitle E, Title 5, Health and
3-5 Safety Code, is amended to read as follows:
3-6 SUBTITLE E. LIGHT POLLUTION [WATER USE REGULATION]
3-7 SECTION 3. This Act takes effect September 1, 1997, and
3-8 applies only to an outdoor lighting fixture that is installed or
3-9 replaced with state funds on or after September 1, 1997. An
3-10 outdoor lighting fixture that is installed or replaced before
3-11 September 1, 1997, is governed by the law as it existed immediately
3-12 before the effective date of this Act, and that law is continued in
3-13 effect for that purpose.
3-14 SECTION 4. The importance of this legislation and the
3-15 crowded condition of the calendars in both houses create an
3-16 emergency and an imperative public necessity that the
3-17 constitutional rule requiring bills to be read on three several
3-18 days in each house be suspended, and this rule is hereby suspended.