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) "Cutoff luminaire" means a luminaire in which 2.5%
1-10 or less of the lamp lumens are emitted above a horizontal plane
1-11 through the luminaire's lowest part and 10% or less of the lamp
1-12 lumens are emitted at a vertical angle 80 degrees above the
1-13 luminaire's lowest point.
1-14 (2) "Light pollution" means the night sky glow caused
1-15 by the scattering of artificial light in the atmosphere.
1-16 (3) "Outdoor lighting fixture" means any type of fixed
1-17 or movable lighting equipment that is designed or used for
1-18 illumination outdoors. The term includes billboard lighting,
1-19 street lights, searchlights and other lighting used for advertising
1-20 purposes, and area lighting. The term does not include lighting
1-21 equipment that is required by law to be installed on motor vehicles
1-22 or lighting required for the safe operation of aircraft.
1-23 (4) "State funds" means:
1-24 (A) money appropriated by the legislature; or
2-1 (B) bond revenues of the state.
2-2 Sec. 421.002. STANDARDS FOR STATE-FUNDED OUTDOOR LIGHTING
2-3 FIXTURES. (a) An outdoor lighting fixture may be installed,
2-4 replaced, maintained, or operated using state funds only if:
2-5 (1) the new or replacement outdoor lighting fixture is
2-6 a cutoff luminaire if the rated output of the outdoor lighting
2-7 fixture is greater than 1,800 lumens;
2-8 (2) the minimum illuminance adequate for the intended
2-9 purpose is used with consideration given to nationally recognized
2-10 standards;
2-11 (3) for lighting of a designated highway of the state
2-12 highway system, the Texas Department of Transportation determines
2-13 that the purpose of the outdoor lighting fixture cannot be achieved
2-14 by the installation of reflective road markers, lines, warning or
2-15 informational signs, or other effective passive methods; and
2-16 (4) full consideration has been given to energy
2-17 conservation, reducing glare, minimizing light pollution, and
2-18 preserving the natural night environment.
2-19 (b) For purposes of Subsection (a)(4), "energy conservation"
2-20 means reducing energy costs and resources used and includes using a
2-21 light with lower wattage or a timer switch.
2-22 (c) Subsection (a) does not apply if:
2-23 (1) a federal law, rule, or regulation preempts state
2-24 law;
2-25 (2) the outdoor lighting fixture is used on a
2-26 temporary basis because emergency personnel require additional
2-27 illumination for emergency procedures;
3-1 (3) the outdoor lighting fixture is used on a
3-2 temporary basis for nighttime work;
3-3 (4) special events or situations require additional
3-4 illumination;
3-5 (5) the outdoor lighting fixture is used solely to
3-6 enhance the aesthetic beauty of an object; or
3-7 (6) a compelling safety interest exists that cannot be
3-8 addressed by another method.
3-9 (d) Special events or situations that may require additional
3-10 illumination include sporting events and illumination of monuments,
3-11 historic structures, or flags. Illumination for special events or
3-12 situations must be installed to shield the outdoor lighting
3-13 fixtures from direct view and to minimize upward lighting and light
3-14 pollution.
3-15 SECTION 2. The heading of Subtitle E, Title 5, Health and
3-16 Safety Code, is amended to read as follows:
3-17 SUBTITLE E. LIGHT POLLUTION [WATER USE REGULATION]
3-18 SECTION 3. This Act takes effect September 1, 1999, and
3-19 applies only to an outdoor lighting fixture that is designed,
3-20 installed, or replaced with state funds on or after September 1,
3-21 1999. An outdoor lighting fixture that is designed, installed, or
3-22 replaced before September 1, 1999, is governed by the law as it
3-23 existed immediately before the effective date of this Act, and that
3-24 law is continued in effect for that purpose. For purposes of this
3-25 section, a fixture is designed when the design process begins.
3-26 SECTION 4. The importance of this legislation and the
3-27 crowded condition of the calendars in both houses create an
4-1 emergency and an imperative public necessity that the
4-2 constitutional rule requiring bills to be read on three several
4-3 days in each house be suspended, and this rule is hereby suspended.
_______________________________ _______________________________
President of the Senate Speaker of the House
I certify that H.B. No. 916 was passed by the House on May
13, 1999, by a non-record vote.
_______________________________
Chief Clerk of the House
I certify that H.B. No. 916 was passed by the Senate on May
26, 1999, by the following vote: Yeas 30, Nays 0.
_______________________________
Secretary of the Senate
APPROVED: _____________________
Date
_____________________
Governor