BILL ANALYSIS
Senate Research Center S.B. 645
79R3882 KEG-D By: Barrientos
AUTHOR'S/SPONSOR'S STATEMENT OF INTENT
Currently, the authority to regulate outdoor lighting is enjoyed by counties located within 57 miles of the McDonald Observatory or within five miles of the George Observatory at Stephen F. Austin State University. As proposed, S.B. 645 allows certain counties to adopt orders governing the installation and use of outdoor lighting in the unincorporated areas of those counties. Such orders could provide standards for the shielding of outdoor lighting and specify the hours during which outdoor lighting could be used.
RULEMAKING AUTHORITY
SECTION BY SECTION ANALYSIS
SECTION 1. Amends Chapter 240, Local Government Code, by adding Subchapter C, as follows:
SUBCHAPTER C. OUTDOOR LIGHTING IN CERTAIN COUNTIES
Sec. 240.041. DEFINITION. Defines "outdoor lighting."
Sec. 240.042. APPLICABILITY. Sets forth counties to which this subchapter applies.
Sec. 240.043. COUNTY REGULATORY AUTHORITY; ADOPTION OF ORDERS. Authorizes the commissioners court of the county to adopt orders regulating the installation and use of outdoor lighting in any unincorporated territory of the county. Authorizes the commissioners court to take certain actions relating to the orders. Authorizes the commissioners court to adopt an order under this subchapter only after conducting a public hearing on the proposed order. Requires the court to give at least two weeks' public notice of the hearing.
Sec. 240.044. INJUNCTION. Provides that the county, in a suit brought by the county attorney or other prosecuting attorney representing the county in district court, is entitled to appropriate injunctive relief to prevent the violation or threatened violation of an order adopted under this subchapter from continuing or occurring.
SECTION 2. Effective date: upon passage or September 1, 2005.