Sec. 229.053. REGULATION OF OUTDOOR LIGHTING. (a) The governing body of a municipality by ordinance shall regulate the installation and use of outdoor lighting.
(b) An ordinance adopted under this section must be designed to protect against the use of outdoor lighting in a way that interferes with scientific astronomical research of an observatory.
(c) In the ordinance, the governing body may:
(1) require that a permit be obtained from the municipality 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 issuance of the permit;
(3) prohibit the use of a type of outdoor lighting that is incompatible with the effective use of an observatory;
(4) establish requirements for the shielding of outdoor lighting; and
(5) regulate the times during which certain types of outdoor lighting may be used.
(d) The governing body may apply more stringent standards for areas in which the use of outdoor lighting has a greater impact on observatory activities.
(e) The governing body may adopt an ordinance under this section only after conducting a public hearing on the proposed ordinance. The governing body shall give at least two weeks' public notice of the hearing.
Added by Acts 2011, 82nd Leg., R.S., Ch. 1166 (H.B. 2857), Sec. 1, eff. January 1, 2012.
Structure Texas Statutes
Title 7 - Regulation of Land Use, Structures, Businesses, and Related Activities
Subtitle A - Municipal Regulatory Authority
Chapter 229 - Miscellaneous Regulatory Authority of Municipalities
Subchapter B. Regulation of Outdoor Lighting
Section 229.052. Applicability
Section 229.053. Regulation of Outdoor Lighting