Bill Text: TX SB753 | 2011-2012 | 82nd Legislature | Introduced
Bill Title: Relating to the authority of certain counties to regulate outdoor lighting near astronomical observation facilities.
Spectrum: Partisan Bill (Republican 1-0)
Status: (Introduced - Dead) 2011-02-23 - Referred to Intergovernmental Relations [SB753 Detail]
Download: Texas-2011-SB753-Introduced.html
| 82R383 TJB-D | ||
| By: Birdwell | S.B. No. 753 | |
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| relating to the authority of certain counties to regulate outdoor | ||
| lighting near astronomical observation facilities. | ||
| BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS: | ||
| SECTION 1. The heading to Subchapter B, Chapter 240, Local | ||
| Government Code, is amended to read as follows: | ||
| SUBCHAPTER B. OUTDOOR LIGHTING NEAR ASTRONOMICAL OBSERVATION | ||
| FACILITIES, OBSERVATORIES, AND MILITARY INSTALLATIONS | ||
| SECTION 2. Section 240.031, Local Government Code, is | ||
| amended by adding Subdivision (5) to read as follows: | ||
| (5) "Astronomical observation facility" means a | ||
| facility, including a park or recreational area, that is | ||
| established and maintained in part to conduct educational and | ||
| recreational observations of astronomical phenomena. | ||
| SECTION 3. Section 240.032, Local Government Code, is | ||
| amended by adding Subsection (b-2) and amending Subsection (c) to | ||
| read as follows: | ||
| (b-2) This subsection applies only to a county with a | ||
| population of more than 40,000 that is authorized to regulate | ||
| development for the purpose of encouraging recreation under Chapter | ||
| 231 and that has at least one astronomical observation facility. | ||
| The commissioners court of a county may adopt orders regulating the | ||
| installation and use of outdoor lighting within two miles of an | ||
| astronomical observation facility. | ||
| (c) The orders must be designed to protect against the use | ||
| of outdoor lighting in a way that interferes with educational, | ||
| recreational, or scientific astronomical research of the | ||
| astronomical observation facility or observatory or military and | ||
| training activities of the military installation, base, or camp. In | ||
| the orders, the commissioners court may: | ||
| (1) require that a permit be obtained from the county | ||
| before the installation and use of certain types of outdoor | ||
| lighting in a regulated area; | ||
| (2) establish a fee in an amount to cover the costs of | ||
| administrating the order for the issuance of the permit; | ||
| (3) prohibit the use of a type of outdoor lighting that | ||
| is incompatible with the effective use of the astronomical | ||
| observation facility, observatory, or military installation, base, | ||
| or camp; | ||
| (4) establish requirements for the shielding of | ||
| outdoor lighting; and | ||
| (5) regulate the times during which certain types of | ||
| outdoor lighting may be used. | ||
| SECTION 4. Section 240.033, Local Government Code, is | ||
| amended by adding Subsection (c) to read as follows: | ||
| (c) The commissioners court of a county authorized under | ||
| Section 240.032(b-2) to adopt orders regulating the installation | ||
| and use of outdoor lighting near an astronomical observation | ||
| facility may adopt orders establishing standards relating to | ||
| proposed subdivisions located within two miles of an astronomical | ||
| observation facility in order to minimize the interference with | ||
| astronomical observation facility activities caused by outdoor | ||
| lighting. The commissioners court may not approve a plat of a | ||
| proposed subdivision that does not meet the standards. | ||
| SECTION 5. This Act takes effect immediately if it receives | ||
| a vote of two-thirds of all the members elected to each house, as | ||
| provided by Section 39, Article III, Texas Constitution. If this | ||
| Act does not receive the vote necessary for immediate effect, this | ||
| Act takes effect September 1, 2011. | ||
