1-1 By: Gallego, Culberson (Senate Sponsor - Shapleigh) H.B. No. 916
1-2 (In the Senate - Received from the House May 13, 1999;
1-3 May 14, 1999, read first time and referred to Committee on State
1-4 Affairs; May 14, 1999, reported favorably by the following vote:
1-5 Yeas 8, Nays 0; May 14, 1999, sent to printer.)
1-6 A BILL TO BE ENTITLED
1-7 AN ACT
1-8 relating to regulation of outdoor lighting at state-funded
1-9 entities.
1-10 BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
1-11 SECTION 1. Subtitle E, Title 5, Health and Safety Code, is
1-12 amended by adding Chapter 421 to read as follows:
1-13 CHAPTER 421. REGULATION OF CERTAIN OUTDOOR LIGHTING
1-14 Sec. 421.001. DEFINITIONS. In this chapter:
1-15 (1) "Cutoff luminaire" means a luminaire in which 2.5%
1-16 or less of the lamp lumens are emitted above a horizontal plane
1-17 through the luminaire's lowest part and 10% or less of the lamp
1-18 lumens are emitted at a vertical angle 80 degrees above the
1-19 luminaire's lowest point.
1-20 (2) "Light pollution" means the night sky glow caused
1-21 by the scattering of artificial light in the atmosphere.
1-22 (3) "Outdoor lighting fixture" means any type of fixed
1-23 or movable lighting equipment that is designed or used for
1-24 illumination outdoors. The term includes billboard lighting,
1-25 street lights, searchlights and other lighting used for advertising
1-26 purposes, and area lighting. The term does not include lighting
1-27 equipment that is required by law to be installed on motor vehicles
1-28 or lighting required for the safe operation of aircraft.
1-29 (4) "State funds" means:
1-30 (A) money appropriated by the legislature; or
1-31 (B) bond revenues of the state.
1-32 Sec. 421.002. STANDARDS FOR STATE-FUNDED OUTDOOR LIGHTING
1-33 FIXTURES. (a) An outdoor lighting fixture may be installed,
1-34 replaced, maintained, or operated using state funds only if:
1-35 (1) the new or replacement outdoor lighting fixture is
1-36 a cutoff luminaire if the rated output of the outdoor lighting
1-37 fixture is greater than 1,800 lumens;
1-38 (2) the minimum illuminance adequate for the intended
1-39 purpose is used with consideration given to nationally recognized
1-40 standards;
1-41 (3) for lighting of a designated highway of the state
1-42 highway system, the Texas Department of Transportation determines
1-43 that the purpose of the outdoor lighting fixture cannot be achieved
1-44 by the installation of reflective road markers, lines, warning or
1-45 informational signs, or other effective passive methods; and
1-46 (4) full consideration has been given to energy
1-47 conservation, reducing glare, minimizing light pollution, and
1-48 preserving the natural night environment.
1-49 (b) For purposes of Subsection (a)(4), "energy conservation"
1-50 means reducing energy costs and resources used and includes using a
1-51 light with lower wattage or a timer switch.
1-52 (c) Subsection (a) does not apply if:
1-53 (1) a federal law, rule, or regulation preempts state
1-54 law;
1-55 (2) the outdoor lighting fixture is used on a
1-56 temporary basis because emergency personnel require additional
1-57 illumination for emergency procedures;
1-58 (3) the outdoor lighting fixture is used on a
1-59 temporary basis for nighttime work;
1-60 (4) special events or situations require additional
1-61 illumination;
1-62 (5) the outdoor lighting fixture is used solely to
1-63 enhance the aesthetic beauty of an object; or
1-64 (6) a compelling safety interest exists that cannot be
2-1 addressed by another method.
2-2 (d) Special events or situations that may require additional
2-3 illumination include sporting events and illumination of monuments,
2-4 historic structures, or flags. Illumination for special events or
2-5 situations must be installed to shield the outdoor lighting
2-6 fixtures from direct view and to minimize upward lighting and light
2-7 pollution.
2-8 SECTION 2. The heading of Subtitle E, Title 5, Health and
2-9 Safety Code, is amended to read as follows:
2-10 SUBTITLE E. LIGHT POLLUTION [WATER USE REGULATION]
2-11 SECTION 3. This Act takes effect September 1, 1999, and
2-12 applies only to an outdoor lighting fixture that is designed,
2-13 installed, or replaced with state funds on or after September 1,
2-14 1999. An outdoor lighting fixture that is designed, installed, or
2-15 replaced before September 1, 1999, is governed by the law as it
2-16 existed immediately before the effective date of this Act, and that
2-17 law is continued in effect for that purpose. For purposes of this
2-18 section, a fixture is designed when the design process begins.
2-19 SECTION 4. The importance of this legislation and the
2-20 crowded condition of the calendars in both houses create an
2-21 emergency and an imperative public necessity that the
2-22 constitutional rule requiring bills to be read on three several
2-23 days in each house be suspended, and this rule is hereby suspended.
2-24 * * * * *