87R16723 DRS-F     By: Zwiener H.B. No. 298     Substitute the following for H.B. No. 298:     By:  Campos C.S.H.B. No. 298       A BILL TO BE ENTITLED   AN ACT   relating to regulation of outdoor lighting by certain   municipalities; authorizing the imposition of a civil penalty.          BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:          SECTION 1.  The heading to Subchapter B, Chapter 229, Local   Government Code, is amended to read as follows:   SUBCHAPTER B. REGULATION OF OUTDOOR LIGHTING NEAR MAJOR   ASTRONOMICAL OBSERVATORY          SECTION 2.  Chapter 229, Local Government Code, is amended   by adding Subchapter C to read as follows:   SUBCHAPTER C. GENERAL REGULATION OF OUTDOOR LIGHTING BY CERTAIN   MUNICIPALITIES          Sec. 229.101.  DEFINITION. In this subchapter, "outdoor   lighting" has the meaning assigned by Section 240.031.          Sec. 229.102.  NO LIMITATION ON OTHER AUTHORITY. This   subchapter does not limit the authority of a municipality to   regulate outdoor lighting under other law or authority.          Sec. 229.103.  REGULATION OF OUTDOOR LIGHTING. (a) Except   as provided by Subsection (c) and subject to Subsection (b), the   governing body of a municipality that has received an International   Dark Sky Community designation by ordinance may regulate the   installation and use of outdoor lighting in the municipality and   the municipality's extraterritorial jurisdiction.          (b)  An ordinance adopted under this section may not require   outdoor lighting constructed before the date the ordinance is   adopted to be brought into compliance with the ordinance before the   later of September 1, 2026, or the fifth anniversary of the date the   ordinance is adopted.          (c)  Except as provided by Subsection (d), an ordinance under   this section may not apply to outdoor lighting that is:                (1)  constructed before the date the ordinance is   adopted; and                (2)  located on residential property with four or fewer   dwelling units located in the extraterritorial jurisdiction of the   municipality.          (d)  A municipality may apply an ordinance under this section   to outdoor lighting described by Subsection (c) that is part of a   renovation of a property.          Sec. 229.104.  ENFORCEMENT; CIVIL PENALTY. (a) A   municipality may sue in any court to enjoin a violation of an   ordinance adopted under this subchapter.          (b)  A person who violates an ordinance adopted under this   subchapter is liable for a civil penalty not to exceed $500.          (c)  A municipal court has original jurisdiction over a   violation of an ordinance adopted under Section 229.103 alleged to   have occurred in the extraterritorial jurisdiction of the   municipality.          SECTION 3.  This Act takes effect September 1, 2021.