By: Zwiener H.B. No. 4148
A BILL TO BE ENTITLED
AN ACT
relating to municipal regulation of outdoor lighting; creating a
criminal offense.
BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
SECTION 1. The heading to Subchapter B, Chapter 229, Local
Government Code, is amended to read as follows:
SUBCHAPTER B. REGULATION OF OUTDOOR LIGHTING NEAR MAJOR
ASTRONOMICAL OBSERVATORY
SECTION 2. Chapter 229, Local Government Code, is amended
by adding Subchapter C to read as follows:
SUBCHAPTER C. GENERAL REGULATION OF OUTDOOR LIGHTING
Sec. 229.101. DEFINITION. In this subchapter, "outdoor
lighting" has the meaning assigned by Section 240.031.
Sec. 229.102. REGULATION OF OUTDOOR LIGHTING. (a) The
governing body of a municipality that has applied for or received
International Dark Sky Community designation by ordinance may
regulate the installation and use of outdoor lighting in the
municipality and municipality's extraterritorial jurisdiction.
(b) A municipality may only regulate outdoor lighting
constructed or renovated on or after the effective date of an
ordinance adopted under Subsection (a).
Sec. 229.103. ENFORCEMENT; CRIMINAL PENALTY. (a) A
municipality may sue in any court to enjoin a violation of an
ordinance adopted under this subchapter.
(b) A person who violates an ordinance adopted under this
subchapter commits an offense. An offense under this subsection is
a Class C misdemeanor.
SECTION 3. This Act takes effect September 1, 2019.