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Texas Statutes (Last Updated: January 4, 2014) |
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LOCAL GOVERNMENT CODE |
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Title 7. REGULATION OF LAND USE, STRUCTURES, BUSINESSES, AND RELATED ACTIVITIES |
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Subtitle B. COUNTY REGULATORY AUTHORITY |
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Chapter 240. MISCELLANEOUS REGULATORY AUTHORITY OF COUNTIES |
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Subchapter B. OUTDOOR LIGHTING NEAR OBSERVATORIES AND MILITARY INSTALLATIONS |
Sec. 240.0325. EXCEPTION FOR CERTAIN OUTDOOR LIGHTING
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The commissioners court may not adopt an order under Section 240.032 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, Utilities Code;
(B) an electric cooperative or a municipally owned utility, as those terms are defined by Section 11.003, Utilities Code;
(C) a gas utility, as defined by Section 101.003 or 121.001, Utilities Code;
(D) surface coal mining and reclamation operations, as defined by Section 134.004, Natural Resources Code;
(E) a telecommunications provider, as defined by Section 51.002, 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.