By:  Barrientos                                                   S.B. No. 645


A BILL TO BE ENTITLED

AN ACT

relating to the authority of certain counties to regulate the use of 
outdoor lighting.
	BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:                        
	SECTION 1.  Chapter 240, Local Government Code, is amended 
by adding Subchapter C to read as follows:
	SUBCHAPTER C.  OUTDOOR LIGHTING IN CERTAIN COUNTIES
	Sec. 240.041.  DEFINITION.  In this subchapter, "outdoor 
lighting" has the meaning assigned by Section 240.031.
	Sec. 240.042.  APPLICABILITY.  This subchapter applies only 
to:       
		(1)  a county that has a population of more than 800,000 
and that is not adjacent to a county with a population of more than 
300,000; or
		(2)  a county adjacent to a county described by 
Subdivision (1).     
	Sec. 240.043.  COUNTY REGULATORY AUTHORITY; ADOPTION OF 
ORDERS.  (a)  The commissioners court of the county may adopt 
orders regulating the installation and use of outdoor lighting in 
any unincorporated territory of the county.
	(b)  In the orders, the commissioners court may:                        
		(1)  require that a permit be obtained from the county 
before the installation and use of certain types of outdoor 
lighting in a regulated area;
		(2)  establish a fee for the issuance of the permit;                   
		(3)  establish requirements for the shielding of 
outdoor lighting; and
		(4)  regulate the times during which certain types of 
outdoor lighting may be used.
	(c)  The commissioners court may adopt an order under this 
subchapter only after conducting a public hearing on the proposed 
order.  The court shall give at least two weeks' public notice of 
the hearing.
	Sec. 240.044.  INJUNCTION.  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.
	Sec. 240.045.  GRANDFATHERED FACILITIES.  This subchapter 
does not apply to outdoor lighting owned and maintained by a utility 
or to the use of outdoor lighting for the purpose of the operations 
of an electric utility, a power generation company, or a 
transmission and distribution utility, as defined by Section 
31.002, Utilities Code, a gas utility, as defined by Section 
101.003 or 121.001, Utilities Code, or surface coal mining and 
reclamation operations as defined by Section 134.004, Natural 
Resources Code, existing prior to September 1, 2005.
	SECTION 2.  This Act takes effect immediately if it receives 
a vote of two-thirds of all the members elected to each house, as 
provided by Section 39, Article III, Texas Constitution.  If this 
Act does not receive the vote necessary for immediate effect, this 
Act takes effect September 1, 2005.