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


Office of House Bill AnalysisH.B. 916
By: Gallego
State Affairs
3/24/1999
Introduced



BACKGROUND AND PURPOSE 

Currently, outdoor lighting is 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 can illuminate the
entire sphere of space around them.  This effect can create a safety hazard
by sending light directly into the eyes of drivers and pedestrians.  It may
also, raise state utility costs, and negatively impact the natural night
environment.  H.B. 916 serves three functions: it reduces state utility
costs by introducing conservation measures for outdoor lighting, by
installing shield in the lighting fixtures it reduces the glare for drivers
and pedestrians, and preserves the natural night environment by reducing
light pollution. 

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 "light pollution," "outdoor lighting
fixture," and "state funds." 

Sec. 421.002.  STANDARDS FOR STATE FUNDED OUTDOOR LIGHTING FIXTURES. (a)
Authorizes an outdoor lighting 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 fully shielded and allows no
direct light upward into the night sky; the minimum illuminance specified
by local ordinance is used, if a local lighting ordinance applies, or the
minimum illuminance adequate for the purpose, if it does not; 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; special events
or situations require additional illumination; or a compelling safety
interest cannot be addressed by another method. 

(d) Provides that sporting events and the illumination of monuments 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.  New Title:  SUBTITLE E.  LIGHT POLLUTION.

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

SECTION 4.  Emergency clause.