By Gallego H.B. No. 916
76R3740 MXM-F
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 energy
2-14 conservation, reducing glare, minimizing light pollution, and
2-15 preserving the natural night environment.
2-16 (b) For purposes of Subsection (a)(5), "energy conservation"
2-17 means reducing energy costs and resources used and includes using a
2-18 light with lower wattage or a timer switch.
2-19 (c) Subsection (a) does not apply if:
2-20 (1) a federal law, rule, or regulation preempts state
2-21 law;
2-22 (2) the outdoor lighting fixture is used on a
2-23 temporary basis because emergency personnel require additional
2-24 illumination for emergency procedures;
2-25 (3) special events or situations require additional
2-26 illumination; or
2-27 (4) a compelling safety interest exists that cannot be
3-1 addressed by another method.
3-2 (d) Special events or situations that may require additional
3-3 illumination include sporting events and illumination of monuments
3-4 or flags. Illumination for special events or situations must be
3-5 installed to shield the outdoor lighting fixtures from direct view
3-6 and to minimize upward lighting and light pollution.
3-7 SECTION 2. The heading of Subtitle E, Title 5, Health and
3-8 Safety Code, is amended to read as follows:
3-9 SUBTITLE E. LIGHT POLLUTION [WATER USE REGULATION]
3-10 SECTION 3. This Act takes effect September 1, 1999, and
3-11 applies only to an outdoor lighting fixture that is installed or
3-12 replaced with state funds on or after September 1, 1999. An
3-13 outdoor lighting fixture that is installed or replaced before
3-14 September 1, 1999, is governed by the law as it existed immediately
3-15 before the effective date of this Act, and that law is continued in
3-16 effect for that purpose.
3-17 SECTION 4. The importance of this legislation and the
3-18 crowded condition of the calendars in both houses create an
3-19 emergency and an imperative public necessity that the
3-20 constitutional rule requiring bills to be read on three several
3-21 days in each house be suspended, and this rule is hereby suspended.