76R10922 MXM-F
By Gallego, Culberson H.B. No. 916
Substitute the following for H.B. No. 916:
By Wolens C.S.H.B. No. 916
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) "Full cutoff luminaire" means a luminaire that
1-10 allows no direct light emissions above a horizontal plane through
1-11 the luminaire's lowest light-emitting part.
1-12 (2) "Light pollution" means the night sky glow caused
1-13 by the scattering of artificial light in the atmosphere.
1-14 (3) "Outdoor lighting fixture" means any type of fixed
1-15 or movable lighting equipment that is designed or used for
1-16 illumination outdoors. The term includes billboard lighting,
1-17 street lights, searchlights and other lighting used for advertising
1-18 purposes, and area lighting. The term does not include lighting
1-19 equipment that is required by law to be installed on motor vehicles
1-20 or lighting required for the safe operation of aircraft.
1-21 (4) "State funds" means:
1-22 (A) money appropriated by the legislature; or
1-23 (B) bond revenues of the state.
1-24 Sec. 421.002. STANDARDS FOR STATE-FUNDED OUTDOOR LIGHTING
2-1 FIXTURES. (a) An outdoor lighting fixture may be installed,
2-2 replaced, maintained, or operated using state funds only if:
2-3 (1) the new or replacement outdoor lighting fixture is
2-4 a full cutoff luminaire that allows no direct light to travel
2-5 upward into the night sky if the rated output of the outdoor
2-6 lighting fixture is greater than 1,800 lumens;
2-7 (2) the minimum illuminance specified by local
2-8 ordinance is used, if a local ordinance applies;
2-9 (3) the minimum illuminance adequate for the intended
2-10 purpose is used, if a local lighting ordinance does not apply;
2-11 (4) 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 (5) 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)(5), "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) special events or situations require additional
3-2 illumination;
3-3 (4) the outdoor lighting fixture is used solely to
3-4 enhance the aesthetic beauty of an object; or
3-5 (5) a compelling safety interest exists that cannot be
3-6 addressed by another method.
3-7 (d) Special events or situations that may require additional
3-8 illumination include sporting events and illumination of monuments,
3-9 historic structures, or flags. Illumination for special events or
3-10 situations must be installed to shield the outdoor lighting
3-11 fixtures from direct view and to minimize upward lighting and light
3-12 pollution.
3-13 SECTION 2. The heading of Subtitle E, Title 5, Health and
3-14 Safety Code, is amended to read as follows:
3-15 SUBTITLE E. LIGHT POLLUTION [WATER USE REGULATION]
3-16 SECTION 3. This Act takes effect September 1, 1999, and
3-17 applies only to an outdoor lighting fixture that is designed,
3-18 installed, or replaced with state funds on or after September 1,
3-19 1999. An outdoor lighting fixture that is designed, installed, or
3-20 replaced before September 1, 1999, is governed by the law as it
3-21 existed immediately before the effective date of this Act, and that
3-22 law is continued in effect for that purpose. For purposes of this
3-23 section, a fixture is designed when the design process begins.
3-24 SECTION 4. The importance of this legislation and the
3-25 crowded condition of the calendars in both houses create an
3-26 emergency and an imperative public necessity that the
3-27 constitutional rule requiring bills to be read on three several
4-1 days in each house be suspended, and this rule is hereby suspended.