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A BILL TO BE ENTITLED
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AN ACT
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relating to regulation of outdoor lighting in certain areas; |
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providing a criminal penalty and for injunctive relief. |
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BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS: |
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SECTION 1. Chapter 229, Local Government Code, is amended |
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by adding Subchapter B to read as follows: |
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SUBCHAPTER B. REGULATION OF OUTDOOR LIGHTING |
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Sec. 229.051. DEFINITIONS. In this subchapter, "major |
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astronomical observatory" and "outdoor lighting" have the meanings |
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assigned by Section 240.031. |
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Sec. 229.052. APPLICABILITY. (a) This subchapter applies |
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to a municipality located in a county any part of which is located |
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within 57 miles of a major astronomical observatory at the McDonald |
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Observatory. |
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(b) This subchapter does not apply to outdoor lighting in |
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existence or under construction on September 1, 2011. |
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Sec. 229.053. REGULATION OF OUTDOOR LIGHTING. (a) The |
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governing body of a municipality by ordinance shall regulate the |
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installation and use of outdoor lighting. |
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(b) An ordinance adopted under this section must be designed |
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to protect against the use of outdoor lighting in a way that |
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interferes with scientific astronomical research of an |
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observatory. |
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(c) In the ordinance, the governing body may: |
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(1) require that a permit be obtained from the |
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municipality before the installation and use of certain types of |
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outdoor 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 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 an observatory; |
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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 governing body may apply more stringent standards |
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for areas in which the use of outdoor lighting has a greater impact |
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on observatory activities. |
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(e) The governing body may adopt an ordinance under this |
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section only after conducting a public hearing on the proposed |
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ordinance. The governing body shall give at least two weeks' public |
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notice of the hearing. |
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Sec. 229.054. REGULATION OF SUBDIVISIONS. (a) The |
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governing body of a municipality by ordinance shall establish |
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standards relating to proposed subdivisions to minimize the |
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interference with observatory activities caused by outdoor |
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lighting. |
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(b) The governing body may not approve a subdivision plat |
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unless the plat provides that outdoor lighting will comply with |
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standards adopted under this section. |
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Sec. 229.055. ENFORCEMENT; PENALTY. (a) A municipality |
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may sue in any court to enjoin a violation of this subchapter. |
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(b) A person who violates an ordinance adopted under this |
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subchapter commits an offense. An offense under this section is a |
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Class C misdemeanor. |
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SECTION 2. Section 240.032(a), Local Government Code, is |
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amended to read as follows: |
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(a) The [On the request of the director of McDonald
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Observatory, the] commissioners court of a county, any part of |
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which is located within 57 miles of a major astronomical |
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observatory at the McDonald Observatory, shall [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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SECTION 3. Section 240.033, Local Government Code, is |
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amended by amending Subsection (b) and adding Subsections (c) and |
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(d) to read as follows: |
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(b) The commissioners court of a county, any part of which |
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is located within 57 miles of a major astronomical observatory at |
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the McDonald Observatory, shall adopt orders establishing |
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standards relating to proposed subdivisions to minimize the |
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interference with observatory activities caused by outdoor |
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lighting. |
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(c) The commissioners court of a county, any part of which |
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is located [or] within five miles of a major astronomical |
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observatory at the George Observatory or the Stephen F. Austin |
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State University Observatory, may adopt orders establishing |
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standards relating to proposed subdivisions [in order] to minimize |
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the interference with observatory activities caused by outdoor |
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lighting. |
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(d) A [The] commissioners court that adopts orders under |
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this section may not approve a plat of a proposed subdivision that |
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does not meet the standards established in the orders. |
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SECTION 4. Chapter 229, Local Government Code, is amended |
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by designating Sections 229.001, 229.002, and 229.003 as Subchapter |
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A and adding a heading for Subchapter A to read as follows: |
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SUBCHAPTER A. REGULATION OF FIREARMS AND EXPLOSIVES |
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SECTION 5. Section 240.031(3), Local Government Code, is |
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repealed. |
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SECTION 6. This Act takes effect January 1, 2012. |