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A BILL TO BE ENTITLED
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AN ACT
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relating to the authority of certain counties to regulate outdoor |
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lighting near astronomical observation facilities. |
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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 ASTRONOMICAL OBSERVATION |
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FACILITIES, OBSERVATORIES, AND MILITARY INSTALLATIONS |
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SECTION 2. Section 240.031, Local Government Code, is |
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amended by adding Subdivision (5) to read as follows: |
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(5) "Astronomical observation facility" means a |
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facility, including a park or recreational area, that is |
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established and maintained in part to conduct educational and |
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recreational observations of astronomical phenomena. |
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SECTION 3. Section 240.032, Local Government Code, is |
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amended by adding Subsection (b-2) and amending Subsection (c) to |
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read as follows: |
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(b-2) This subsection applies only to a county with a |
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population of more than 40,000 that is authorized to regulate |
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development for the purpose of encouraging recreation under Chapter |
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231 and that has at least one astronomical observation facility. |
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The commissioners court of a county may adopt orders regulating the |
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installation and use of outdoor lighting within two miles of an |
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astronomical observation facility. |
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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 educational, |
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recreational, or scientific astronomical research of the |
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astronomical observation facility or observatory or military and |
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training activities of the military installation, base, or camp. In |
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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 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 astronomical |
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observation facility, observatory, or military installation, base, |
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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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SECTION 4. Section 240.033, Local Government Code, is |
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amended by adding Subsection (c) to read as follows: |
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(c) The commissioners court of a county authorized under |
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Section 240.032(b-2) to adopt orders regulating the installation |
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and use of outdoor lighting near an astronomical observation |
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facility may adopt orders establishing standards relating to |
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proposed subdivisions located within two miles of an astronomical |
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observation facility in order to minimize the interference with |
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astronomical observation facility activities caused by outdoor |
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lighting. The commissioners court may not approve a plat of a |
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proposed subdivision that does not meet the standards. |
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SECTION 5. 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, 2011. |