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A BILL TO BE ENTITLED
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AN ACT
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relating to the authority of counties to regulate the use of outdoor |
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lighting; providing a penalty. |
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BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS: |
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SECTION 1. Section 232.003, Local Government Code, is |
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amended to read as follows: |
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Sec. 232.003. SUBDIVISION REQUIREMENTS. By an order |
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adopted and entered in the minutes of the commissioners court, and |
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after a notice is published in a newspaper of general circulation in |
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the county, the commissioners court may: |
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(1) require a right-of-way on a street or road that |
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functions as a main artery in a subdivision, of a width of not less |
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than 50 feet or more than 100 feet; |
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(2) require a right-of-way on any other street or road |
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in a subdivision of not less than 40 feet or more than 70 feet; |
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(3) require that the shoulder-to-shoulder width on |
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collectors or main arteries within the right-of-way be not less |
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than 32 feet or more than 56 feet, and that the shoulder-to-shoulder |
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width on any other street or road be not less than 25 feet or more |
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than 35 feet; |
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(4) adopt, based on the amount and kind of travel over |
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each street or road in a subdivision, reasonable specifications |
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relating to the construction of each street or road; |
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(5) adopt reasonable specifications to provide |
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adequate drainage for each street or road in a subdivision in |
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accordance with standard engineering practices; |
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(6) require that each purchase contract made between a |
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subdivider and a purchaser of land in the subdivision contain a |
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statement describing the extent to which water will be made |
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available to the subdivision and, if it will be made available, how |
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and when; |
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(7) require that the owner of the tract to be |
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subdivided execute a good and sufficient bond in the manner |
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provided by Section 232.004; |
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(8) adopt reasonable specifications that provide for |
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drainage in the subdivision to: |
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(A) efficiently manage the flow of stormwater |
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runoff in the subdivision; and |
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(B) coordinate subdivision drainage with the |
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general storm drainage pattern for the area; [and] |
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(9) require lot and block monumentation to be set by a |
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registered professional surveyor before recordation of the plat; |
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and |
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(10) adopt reasonable specifications applicable in |
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the subdivision to minimize the negative effects of outdoor |
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lighting. |
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SECTION 2. Chapter 240, Local Government Code, is amended |
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by adding Subchapter D to read as follows: |
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SUBCHAPTER D. OUTDOOR LIGHTING GENERALLY |
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Sec. 240.061. DEFINITIONS. In this subchapter: |
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(1) "Outdoor lighting" and "person" have the meanings |
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assigned by Section 240.031. |
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(2) "Utility" means a person that provides to the |
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public gas, light, power, telephone, sewage, or water service. |
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Sec. 240.062. COUNTY REGULATORY AUTHORITY; ADOPTION OF |
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ORDERS. (a) The commissioners court of a county may adopt orders |
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regulating the installation and use of outdoor lighting in any |
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unincorporated territory of the county. |
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(b) The orders must be designed to protect against the use |
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of outdoor lighting in a manner that causes excessive glare, light |
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trespass, skyglow, environmental concerns, or any other negative |
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effect on public safety or the ability of another person to use and |
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enjoy the person's private property. |
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(c) In the 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 for the issuance of the permit; |
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(3) prohibit the use of certain types of outdoor |
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lighting; |
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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 adopt orders that provide |
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more stringent standards for certain areas of the county, as |
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determined appropriate by the commissioners court. |
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(e) The commissioners court may adopt an order under this |
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subchapter only after conducting a public hearing on the proposed |
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order. The court shall give at least two weeks' public notice of |
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the hearing. |
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Sec. 240.063. ENFORCEMENT; PENALTY. (a) A county or |
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district attorney may sue in the district court to enjoin a |
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violation of this subchapter. |
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(b) A person who knowingly violates an order adopted under |
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this subchapter commits an offense. An offense under this section |
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is a Class C misdemeanor. |
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(c) Both civil and criminal enforcement may be used against |
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the same conduct. |
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Sec. 240.064. APPLICABILITY OF SUBCHAPTER. (a) In this |
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section, "agricultural use" has the meaning assigned by Section |
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23.51, Tax Code. |
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(b) The commissioners court may not adopt an order under |
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this subchapter regulating the installation and use of outdoor |
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lighting that: |
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(1) was installed or used before the effective date of |
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the order and is necessary for the operations of: |
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(A) an electric utility, power generation |
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company, or transmission and distribution utility, as those terms |
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are defined by Section 31.002, Utilities Code; |
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(B) a gas utility, as defined by Section 101.003 |
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or 121.001, Utilities Code; |
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(C) surface coal mining and reclamation |
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operations, as defined by Section 134.004, Natural Resources Code; |
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or |
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(D) a telecommunications provider, as defined by |
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Section 51.002, Utilities Code, or its affiliates; or |
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(2) is owned or maintained for the purpose of |
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illuminating: |
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(A) a tract of land that is maintained as a single |
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family residence and that is located outside the boundaries of a |
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platted subdivision; |
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(B) a tract of land maintained for agricultural |
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use; |
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(C) an activity that takes place on a tract of |
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land maintained for agricultural use; |
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(D) structures or related improvements located |
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on a tract of land maintained for agricultural use; or |
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(E) a correctional facility operated by or under |
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a contract with the Texas Department of Criminal Justice. |
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(c) The commissioners court may not adopt an order under |
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this subchapter regulating the installation and use of outdoor |
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lighting that was installed or used before the effective date of the |
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order and is owned or maintained by a utility. This subsection |
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expires September 1, 2017. |
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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. |