Tex. Local Gov't Code Section 240.0325
Exception for Certain Outdoor Lighting


The commissioners court may not adopt an order under Section 240.032 (County Regulatory Authority; Adoption of Orders) regulating the installation and use of outdoor lighting that is located within five miles of a military installation, base, or camp located in the unincorporated area of a county and:

(1)

was installed or used before the effective date of the order and is necessary for the operations of:

(A)

an electric utility, power generation company, or transmission and distribution utility, as those terms are defined by Section 31.002 (Definitions), Utilities Code;

(B)

an electric cooperative or a municipally owned utility, as those terms are defined by Section 11.003 (Definitions), Utilities Code;

(C)

a gas utility, as defined by Section 101.003 (Definitions) or 121.001 (Definition of Gas Utility), Utilities Code;

(D)

surface coal mining and reclamation operations, as defined by Section 134.004 (Definitions), Natural Resources Code;

(E)

a telecommunications provider, as defined by Section 51.002 (Definitions), Utilities Code, or its affiliates; or

(F)

a manufacturing facility required by Texas Commission on Environmental Quality rule to hold a permit; or

(2)

is owned or maintained for the purpose of illuminating:

(A)

a tract of land that is maintained as a single family residence and that is located outside the boundaries of a platted subdivision;

(B)

a tract of land maintained for agricultural use;

(C)

an activity that takes place on a tract of land maintained for agricultural use;

(D)

structures or related improvements located on a tract of land maintained for agricultural use; or

(E)

a correctional facility operated by or under a contract with the Texas Department of Criminal Justice.
Added by Acts 2007, 80th Leg., R.S., Ch. 233 (H.B. 1852), Sec. 4, eff. May 25, 2007.

Source: Section 240.0325 — Exception for Certain Outdoor Lighting, https://statutes.­capitol.­texas.­gov/Docs/LG/htm/LG.­240.­htm#240.­0325 (accessed Mar. 23, 2024).

Accessed:
Mar. 23, 2024

§ 240.0325’s source at texas​.gov