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A BILL TO BE ENTITLED
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AN ACT
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relating to the authority of a county to regulate the installation |
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and use of lighting in certain areas. |
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BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS: |
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SECTION 1. The heading to Subchapter B, Chapter 240, Local |
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Government Code, is amended to read as follows: |
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SUBCHAPTER B. OUTDOOR LIGHTING NEAR |
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OBSERVATORIES AND MILITARY INSTALLATIONS |
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SECTION 2. Section 240.032, Local Government Code, is |
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amended by adding Subsection (b-1) and amending Subsections (c) and |
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(d) to read as follows: |
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(b-1) On the request of a United States military |
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installation, base, or camp commanding officer, the commissioners |
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court of a county, any part of which is located immediately adjacent |
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to the installation, base, or camp, may adopt orders regulating the |
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installation and use of outdoor lighting within five miles of the |
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installation, base, or camp in any unincorporated territory of the |
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county. |
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(c) The orders must be designed to protect against the use |
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of outdoor lighting in a way that interferes with scientific |
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astronomical research of the observatory or military and training |
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activities of the military installation, base, or camp. In the |
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orders, the commissioners court may: |
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(1) require that a permit be obtained from the county |
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before the installation and use of certain types of outdoor |
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lighting in a regulated area; |
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(2) establish a fee in an amount to cover the costs of |
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administrating the order for the issuance of the permit; |
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(3) prohibit the use of a type of outdoor lighting that |
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is incompatible with the effective use of the observatory or |
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military installation, base, or camp; |
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(4) establish requirements for the shielding of |
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outdoor lighting; and |
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(5) regulate the times during which certain types of |
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outdoor lighting may be used. |
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(d) The commissioners court may apply more stringent |
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standards for areas in which the use of outdoor lighting has a |
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greater impact on observatory or military installation, base, or |
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camp activities. |
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SECTION 3. This Act takes effect immediately if it receives |
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a vote of two-thirds of all the members elected to each house, as |
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provided by Section 39, Article III, Texas Constitution. If this |
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Act does not receive the vote necessary for immediate effect, this |
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Act takes effect September 1, 2007. |