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

   1. (A) an electric utility, power generation company, or transmission and distribution utility, as those terms are defined by Section 31.002, Utilities Code;
   2. (B) an electric cooperative or a municipally owned utility, as those terms are defined by Section 11.003, Utilities Code;
   3. (C) a gas utility, as defined by Section 101.003 or 121.001, Utilities Code;
   4. (D) surface coal mining and reclamation operations, as defined by Section 134.004, Natural Resources Code;
   5. (E) a telecommunications provider, as defined by Section 51.002, Utilities Code, or its affiliates; or
   6. (F) a manufacturing facility required by Texas Commission on Environmental Quality rule to hold a permit; or

2. (2) is owned or maintained for the purpose of illuminating:

   1. (A) a tract of land that is maintained as a single family residence and that is located outside the boundaries of a platted subdivision;
   2. (B) a tract of land maintained for agricultural use;
   3. (C) an activity that takes place on a tract of land maintained for agricultural use;
   4. (D) structures or related improvements located on a tract of land maintained for agricultural use; or
   5. (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.