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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; creating a criminal offense. |
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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. REGULATION OF OUTDOOR LIGHTING. (a) The |
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governing body of a municipality that has received or applied for an |
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International Dark Sky Community designation by ordinance may |
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regulate the installation and use of outdoor lighting in the |
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municipality and the municipality's extraterritorial jurisdiction. |
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(b) A municipality may only regulate outdoor lighting |
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constructed or renovated on or after the effective date of an |
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ordinance adopted under Subsection (a). |
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Sec. 229.103. ENFORCEMENT; CRIMINAL 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 commits an offense. An offense under this subsection is |
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a Class C misdemeanor. |
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SECTION 3. This Act takes effect September 1, 2021. |