State Codes and Statutes

Statutes > Texas > Health-and-safety-code > Title-5-sanitation-and-environmental-quality > Chapter-425-regulation-of-certain-outdoor-lighting

HEALTH AND SAFETY CODE

TITLE 5. SANITATION AND ENVIRONMENTAL QUALITY

SUBTITLE F. LIGHT POLLUTION

CHAPTER 425. REGULATION OF CERTAIN OUTDOOR LIGHTING

Sec. 425.001. DEFINITIONS. In this chapter:

(1) "Cutoff luminaire" means a luminaire in which 2.5% or less

of the lamp lumens are emitted above a horizontal plane through

the luminaire's lowest part and 10% or less of the lamp lumens

are emitted at a vertical angle 80 degrees above the luminaire's

lowest point.

(2) "Light pollution" means the night sky glow caused by the

scattering of artificial light in the atmosphere.

(3) "Outdoor lighting fixture" means any type of fixed or

movable lighting equipment that is designed or used for

illumination outdoors. The term includes billboard lighting,

street lights, searchlights and other lighting used for

advertising purposes, and area lighting. The term does not

include lighting equipment that is required by law to be

installed on motor vehicles or lighting required for the safe

operation of aircraft.

(4) "State funds" means:

(A) money appropriated by the legislature; or

(B) bond revenues of the state.

Added by Acts 1999, 76th Leg., ch. 713, Sec. 1, eff. Sept. 1,

1999. Renumbered from Sec. 421.001 by Acts 2001, 77th Leg., ch.

1420, Sec. 21.001(76), eff. Sept. 1, 2001.

Sec. 425.002. STANDARDS FOR STATE-FUNDED OUTDOOR LIGHTING

FIXTURES. (a) An outdoor lighting fixture may be installed,

replaced, maintained, or operated using state funds only if:

(1) the new or replacement outdoor lighting fixture is a cutoff

luminaire if the rated output of the outdoor lighting fixture is

greater than 1,800 lumens;

(2) the minimum illuminance adequate for the intended purpose is

used with consideration given to nationally recognized standards;

(3) for lighting of a designated highway of the state highway

system, the Texas Department of Transportation determines that

the purpose of the outdoor lighting fixture cannot be achieved by

the installation of reflective road markers, lines, warning or

informational signs, or other effective passive methods; and

(4) full consideration has been given to energy conservation,

reducing glare, minimizing light pollution, and preserving the

natural night environment.

(b) For purposes of Subsection (a)(4), "energy conservation"

means reducing energy costs and resources used and includes using

a light with lower wattage or a timer switch.

(c) Subsection (a) does not apply if:

(1) a federal law, rule, or regulation preempts state law;

(2) the outdoor lighting fixture is used on a temporary basis

because emergency personnel require additional illumination for

emergency procedures;

(3) the outdoor lighting fixture is used on a temporary basis

for nighttime work;

(4) special events or situations require additional

illumination;

(5) the outdoor lighting fixture is used solely to enhance the

aesthetic beauty of an object; or

(6) a compelling safety interest exists that cannot be addressed

by another method.

(d) Special events or situations that may require additional

illumination include sporting events and illumination of

monuments, historic structures, or flags. Illumination for

special events or situations must be installed to shield the

outdoor lighting fixtures from direct view and to minimize upward

lighting and light pollution.

Added by Acts 1999, 76th Leg., ch. 713, Sec. 1, eff. Sept. 1,

1999. Renumbered from Sec. 421.002 by Acts 2001, 77th Leg., ch.

1420, Sec. 21.001(76), eff. Sept. 1, 2001.

State Codes and Statutes

Statutes > Texas > Health-and-safety-code > Title-5-sanitation-and-environmental-quality > Chapter-425-regulation-of-certain-outdoor-lighting

HEALTH AND SAFETY CODE

TITLE 5. SANITATION AND ENVIRONMENTAL QUALITY

SUBTITLE F. LIGHT POLLUTION

CHAPTER 425. REGULATION OF CERTAIN OUTDOOR LIGHTING

Sec. 425.001. DEFINITIONS. In this chapter:

(1) "Cutoff luminaire" means a luminaire in which 2.5% or less

of the lamp lumens are emitted above a horizontal plane through

the luminaire's lowest part and 10% or less of the lamp lumens

are emitted at a vertical angle 80 degrees above the luminaire's

lowest point.

(2) "Light pollution" means the night sky glow caused by the

scattering of artificial light in the atmosphere.

(3) "Outdoor lighting fixture" means any type of fixed or

movable lighting equipment that is designed or used for

illumination outdoors. The term includes billboard lighting,

street lights, searchlights and other lighting used for

advertising purposes, and area lighting. The term does not

include lighting equipment that is required by law to be

installed on motor vehicles or lighting required for the safe

operation of aircraft.

(4) "State funds" means:

(A) money appropriated by the legislature; or

(B) bond revenues of the state.

Added by Acts 1999, 76th Leg., ch. 713, Sec. 1, eff. Sept. 1,

1999. Renumbered from Sec. 421.001 by Acts 2001, 77th Leg., ch.

1420, Sec. 21.001(76), eff. Sept. 1, 2001.

Sec. 425.002. STANDARDS FOR STATE-FUNDED OUTDOOR LIGHTING

FIXTURES. (a) An outdoor lighting fixture may be installed,

replaced, maintained, or operated using state funds only if:

(1) the new or replacement outdoor lighting fixture is a cutoff

luminaire if the rated output of the outdoor lighting fixture is

greater than 1,800 lumens;

(2) the minimum illuminance adequate for the intended purpose is

used with consideration given to nationally recognized standards;

(3) for lighting of a designated highway of the state highway

system, the Texas Department of Transportation determines that

the purpose of the outdoor lighting fixture cannot be achieved by

the installation of reflective road markers, lines, warning or

informational signs, or other effective passive methods; and

(4) full consideration has been given to energy conservation,

reducing glare, minimizing light pollution, and preserving the

natural night environment.

(b) For purposes of Subsection (a)(4), "energy conservation"

means reducing energy costs and resources used and includes using

a light with lower wattage or a timer switch.

(c) Subsection (a) does not apply if:

(1) a federal law, rule, or regulation preempts state law;

(2) the outdoor lighting fixture is used on a temporary basis

because emergency personnel require additional illumination for

emergency procedures;

(3) the outdoor lighting fixture is used on a temporary basis

for nighttime work;

(4) special events or situations require additional

illumination;

(5) the outdoor lighting fixture is used solely to enhance the

aesthetic beauty of an object; or

(6) a compelling safety interest exists that cannot be addressed

by another method.

(d) Special events or situations that may require additional

illumination include sporting events and illumination of

monuments, historic structures, or flags. Illumination for

special events or situations must be installed to shield the

outdoor lighting fixtures from direct view and to minimize upward

lighting and light pollution.

Added by Acts 1999, 76th Leg., ch. 713, Sec. 1, eff. Sept. 1,

1999. Renumbered from Sec. 421.002 by Acts 2001, 77th Leg., ch.

1420, Sec. 21.001(76), eff. Sept. 1, 2001.


State Codes and Statutes


Back To Homepage

State Codes and Statutes

Statutes > Texas > Health-and-safety-code > Title-5-sanitation-and-environmental-quality > Chapter-425-regulation-of-certain-outdoor-lighting

HEALTH AND SAFETY CODE

TITLE 5. SANITATION AND ENVIRONMENTAL QUALITY

SUBTITLE F. LIGHT POLLUTION

CHAPTER 425. REGULATION OF CERTAIN OUTDOOR LIGHTING

Sec. 425.001. DEFINITIONS. In this chapter:

(1) "Cutoff luminaire" means a luminaire in which 2.5% or less

of the lamp lumens are emitted above a horizontal plane through

the luminaire's lowest part and 10% or less of the lamp lumens

are emitted at a vertical angle 80 degrees above the luminaire's

lowest point.

(2) "Light pollution" means the night sky glow caused by the

scattering of artificial light in the atmosphere.

(3) "Outdoor lighting fixture" means any type of fixed or

movable lighting equipment that is designed or used for

illumination outdoors. The term includes billboard lighting,

street lights, searchlights and other lighting used for

advertising purposes, and area lighting. The term does not

include lighting equipment that is required by law to be

installed on motor vehicles or lighting required for the safe

operation of aircraft.

(4) "State funds" means:

(A) money appropriated by the legislature; or

(B) bond revenues of the state.

Added by Acts 1999, 76th Leg., ch. 713, Sec. 1, eff. Sept. 1,

1999. Renumbered from Sec. 421.001 by Acts 2001, 77th Leg., ch.

1420, Sec. 21.001(76), eff. Sept. 1, 2001.

Sec. 425.002. STANDARDS FOR STATE-FUNDED OUTDOOR LIGHTING

FIXTURES. (a) An outdoor lighting fixture may be installed,

replaced, maintained, or operated using state funds only if:

(1) the new or replacement outdoor lighting fixture is a cutoff

luminaire if the rated output of the outdoor lighting fixture is

greater than 1,800 lumens;

(2) the minimum illuminance adequate for the intended purpose is

used with consideration given to nationally recognized standards;

(3) for lighting of a designated highway of the state highway

system, the Texas Department of Transportation determines that

the purpose of the outdoor lighting fixture cannot be achieved by

the installation of reflective road markers, lines, warning or

informational signs, or other effective passive methods; and

(4) full consideration has been given to energy conservation,

reducing glare, minimizing light pollution, and preserving the

natural night environment.

(b) For purposes of Subsection (a)(4), "energy conservation"

means reducing energy costs and resources used and includes using

a light with lower wattage or a timer switch.

(c) Subsection (a) does not apply if:

(1) a federal law, rule, or regulation preempts state law;

(2) the outdoor lighting fixture is used on a temporary basis

because emergency personnel require additional illumination for

emergency procedures;

(3) the outdoor lighting fixture is used on a temporary basis

for nighttime work;

(4) special events or situations require additional

illumination;

(5) the outdoor lighting fixture is used solely to enhance the

aesthetic beauty of an object; or

(6) a compelling safety interest exists that cannot be addressed

by another method.

(d) Special events or situations that may require additional

illumination include sporting events and illumination of

monuments, historic structures, or flags. Illumination for

special events or situations must be installed to shield the

outdoor lighting fixtures from direct view and to minimize upward

lighting and light pollution.

Added by Acts 1999, 76th Leg., ch. 713, Sec. 1, eff. Sept. 1,

1999. Renumbered from Sec. 421.002 by Acts 2001, 77th Leg., ch.

1420, Sec. 21.001(76), eff. Sept. 1, 2001.


Disclaimer
There is no confidential attorney-client relationship formed by using Laws.com website and information provided on this site is not legal advice. For legal advice, please contact your attorney. Attorneys listed on this website are not referred or endorsed by this website. By using Laws.com you agree to Laws.com Terms Of Use.
Copyright © 2017 Laws.com | All rights reserved

Loading..

Close Window

Loading, Please Wait!

This may take a second or two.