1-1                                   AN ACT
 1-2     relating to regulation of outdoor lighting at state-funded
 1-3     entities.
 1-5           SECTION 1.  Subtitle E, Title 5, Health and Safety Code, is
 1-6     amended by adding Chapter 421 to read as follows:
 1-8           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.
 2-3     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:
3-18           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:  _____________________