| 1 | 1 | | By: Zwiener H.B. No. 4148 |
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| 2 | 2 | | |
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| 3 | 3 | | |
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| 4 | 4 | | A BILL TO BE ENTITLED |
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| 5 | 5 | | AN ACT |
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| 6 | 6 | | relating to municipal regulation of outdoor lighting; creating a |
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| 7 | 7 | | criminal offense. |
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| 8 | 8 | | BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS: |
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| 9 | 9 | | SECTION 1. The heading to Subchapter B, Chapter 229, Local |
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| 10 | 10 | | Government Code, is amended to read as follows: |
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| 11 | 11 | | SUBCHAPTER B. REGULATION OF OUTDOOR LIGHTING NEAR MAJOR |
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| 12 | 12 | | ASTRONOMICAL OBSERVATORY |
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| 13 | 13 | | SECTION 2. Chapter 229, Local Government Code, is amended |
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| 14 | 14 | | by adding Subchapter C to read as follows: |
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| 15 | 15 | | SUBCHAPTER C. GENERAL REGULATION OF OUTDOOR LIGHTING |
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| 16 | 16 | | Sec. 229.101. DEFINITION. In this subchapter, "outdoor |
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| 17 | 17 | | lighting" has the meaning assigned by Section 240.031. |
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| 18 | 18 | | Sec. 229.102. REGULATION OF OUTDOOR LIGHTING. (a) The |
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| 19 | 19 | | governing body of a municipality that has applied for or received |
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| 20 | 20 | | International Dark Sky Community designation by ordinance may |
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| 21 | 21 | | regulate the installation and use of outdoor lighting in the |
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| 22 | 22 | | municipality and municipality's extraterritorial jurisdiction. |
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| 23 | 23 | | (b) A municipality may only regulate outdoor lighting |
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| 24 | 24 | | constructed or renovated on or after the effective date of an |
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| 25 | 25 | | ordinance adopted under Subsection (a). |
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| 26 | 26 | | Sec. 229.103. ENFORCEMENT; CRIMINAL PENALTY. (a) A |
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| 27 | 27 | | municipality may sue in any court to enjoin a violation of an |
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| 28 | 28 | | ordinance adopted under this subchapter. |
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| 29 | 29 | | (b) A person who violates an ordinance adopted under this |
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| 30 | 30 | | subchapter commits an offense. An offense under this subsection is |
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| 31 | 31 | | a Class C misdemeanor. |
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| 32 | 32 | | SECTION 3. This Act takes effect September 1, 2019. |
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