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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 by certain |
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municipalities; authorizing the imposition of a civil penalty. |
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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 229, Local |
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Government Code, is amended to read as follows: |
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SUBCHAPTER B. REGULATION OF OUTDOOR LIGHTING NEAR MAJOR |
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ASTRONOMICAL OBSERVATORY |
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SECTION 2. Chapter 229, Local Government Code, is amended |
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by adding Subchapter C to read as follows: |
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SUBCHAPTER C. GENERAL REGULATION OF OUTDOOR LIGHTING BY CERTAIN |
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MUNICIPALITIES |
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Sec. 229.101. DEFINITION. In this subchapter, "outdoor |
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lighting" has the meaning assigned by Section 240.031. |
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Sec. 229.102. NO LIMITATION ON OTHER AUTHORITY. This |
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subchapter does not limit the authority of a municipality to |
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regulate outdoor lighting under other law or authority. |
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Sec. 229.103. REGULATION OF OUTDOOR LIGHTING. (a) Except |
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as provided by Subsection (c) and subject to Subsection (b), the |
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governing body of a municipality that has received an International |
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Dark Sky Community designation by ordinance may regulate the |
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installation and use of outdoor lighting in the municipality and |
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the municipality's extraterritorial jurisdiction. |
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(b) An ordinance adopted under this section may not require |
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outdoor lighting constructed before the date the ordinance is |
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adopted to be brought into compliance with the ordinance before the |
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later of September 1, 2026, or the fifth anniversary of the date the |
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ordinance is adopted. |
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(c) Except as provided by Subsection (d), an ordinance under |
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this section may not apply to outdoor lighting that is: |
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(1) constructed before the date the ordinance is |
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adopted; and |
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(2) located on residential property with four or fewer |
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dwelling units located in the extraterritorial jurisdiction of the |
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municipality. |
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(d) A municipality may apply an ordinance under this section |
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to outdoor lighting described by Subsection (c) that is part of a |
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renovation of a property. |
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Sec. 229.104. ENFORCEMENT; CIVIL PENALTY. (a) A |
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municipality may sue in any court to enjoin a violation of an |
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ordinance adopted under this subchapter. |
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(b) A person who violates an ordinance adopted under this |
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subchapter is liable for a civil penalty not to exceed $500. |
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(c) A municipal court has original jurisdiction over a |
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violation of an ordinance adopted under Section 229.103 alleged to |
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have occurred in the extraterritorial jurisdiction of the |
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municipality. |
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SECTION 3. This Act takes effect September 1, 2021. |