HBA-TYH, MPA H.B. 916 76(R)BILL ANALYSIS


Office of House Bill AnalysisH.B. 916
By: Gallego
State Affairs
7/21/1999
Enrolled


BACKGROUND AND PURPOSE 

Prior to the 76th Legislature, outdoor lighting was intended to illuminate
a specific place on the ground, such as a curve in the road, a parking lot,
or a sidewalk.  However, in addition to these specific targets, fixtures
could also  illuminate the entire sphere of space around them.  This effect
could have created a safety hazard by sending light directly into the eyes
of drivers and pedestrians. It could  have also raised state utility costs
and negatively impacted the natural night environment. H.B. 916 serves
three functions: it reduces state utility costs by introducing conservation
measures for outdoor lighting, preserves the natural night environment by
reducing light pollution, and  by installing a shield in the lighting
fixtures it reduces the glare for drivers and pedestrians 

RULEMAKING AUTHORITY

It is the opinion of the Office of House Bill Analysis that this bill does
not expressly delegate any additional rulemaking authority to a state
officer, department, agency, or institution. 

SECTION BY SECTION ANALYSIS

SECTION 1.  Amends Subtitle E, Title 5, Health and Safety Code, by adding
Chapter 421, as follows: 

CHAPTER 421.  REGULATION OF CERTAIN OUTDOOR LIGHTING

Sec. 421.001.  DEFINITIONS.  Defines "cutoff luminaire," "light pollution,"
"outdoor lighting fixture," and "state funds." 

Sec. 421.002.  STANDARDS FOR STATE-FUNDED OUTDOOR LIGHTING FIXTURES. (a)
Authorizes an outdoor lighting fixture (fixture) to be installed, replaced,
maintained or operated with state funds only if: its rated output is
greater than 1800 lumens and  the fixture is a cutoff luminaire; the
minimum illuminance adequate for the intended purpose is used with
consideration given to nationally recognized standards; for a designated
state highway for which the Texas Department of Transportation has
determined  the purpose cannot be achieved by installation of other
effective passive methods; and full consideration has been given to energy
conservation, reducing glare, minimizing light pollution, and preserving
the natural night environment. 

(b) Defines "energy conservation" for purposes of Subsection (a).

(c) Provides that Subsection (a) does not apply if a federal law, rule or
regulation preempts state law; the fixture is used on a temporary basis
because illumination is required for emergency procedures; the fixture is
used on a temporary basis for nighttime work; special events or situations
require additional illumination; the fixture is used solely to enhance the
aesthetic beauty of an object; or a compelling safety interest cannot be
addressed by another method. 

(d) Provides that sporting events and the illumination of monuments,
historic structures, or flags are included among special events or
situations requiring additional illumination, and that such lighting must
be installed to shield the fixtures from direct view and to minimize upward
lighting and light pollution. 
 
SECTION 2.   SUBTITLE E.  New Title: LIGHT POLLUTION.

SECTION 3.  Effective date: September 1, 1999.
            Makes application of this Act prospective.

SECTION 4.  Emergency clause.