Subject: HB 164
Date: Friday, March 30, 2001 2:12 PM

         77R8974 JMG-D
         By Olivo, Christian                                    H.B. No. 164
         Substitute the following for H.B. No. 164:
         By Krusee                                          C.S.H.B. No. 164
                                A BILL TO BE ENTITLED
 1-1                                   AN ACT
 1-2     relating to the authority of counties to regulate outdoor lighting
 1-3     near major astronomical observatories.
 1-4           BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
 1-5           SECTION 1. Section 234.001(1), Local Government Code, is
 1-6     amended to read as follows:
 1-7                 (1)  "Major astronomical observatory" means a facility
 1-8     that is established to conduct scientific observations of
 1-9     astronomical phenomena and is equipped with one or more telescopes
1-10     [a telescope] that:
1-11                       (A)  have objective diameters that total 69
1-12     inches or more; and
1-13                       (B)  are permanently mounted in enclosed
1-14     buildings [has an aperture at least 75 inches in diameter].
1-15           SECTION 2. Section 234.002, Local Government Code, is amended
1-16     to read as follows:
1-17           Sec. 234.002.  COUNTY REGULATORY AUTHORITY; ADOPTION OF
1-18     ORDERS.  (a)  On the request of the director of McDonald
1-19     Observatory, the commissioners court of a county, any part of which
1-20     is located within 57 miles of a major astronomical observatory at
1-21     the McDonald Observatory, may adopt orders regulating the
1-22     installation and use of outdoor lighting in any unincorporated
1-23     territory of the county.
 2-1           (b)  On the request of the director of the George Observatory
 2-2     or the Stephen F. Austin State University Observatory, the
 2-3     commissioners court of a county, any part of which is located
 2-4     within five miles of a major astronomical observatory at the George
 2-5     Observatory or the Stephen F. Austin State University Observatory,
 2-6     may adopt orders regulating the installation and use of outdoor
 2-7     lighting in any unincorporated territory of the county.
 2-8           (c)  The orders must be designed to protect against the use
 2-9     of outdoor lighting in a way that interferes with scientific
2-10     astronomical research. [(b)]  In the orders, the commissioners
2-11     court may:
2-12                 (1)  require that a permit be obtained from the county
2-13     before the installation and use of certain types of outdoor
2-14     lighting in a regulated area;
2-15                 (2)  establish a fee for the issuance of the permit;
2-16                 (3)  prohibit the use of a type of outdoor lighting
2-17     that is incompatible with the effective use of the observatory;
2-18                 (4)  establish requirements for the shielding of
2-19     outdoor lighting; and
2-20                 (5)  regulate the times during which certain types of
2-21     outdoor lighting may be used.
2-22           (d) [(c)]  The commissioners court may apply more stringent
2-23     standards for areas in which the use of outdoor lighting has a
2-24     greater impact on observatory activities.
2-25           (e) [(d)]  The commissioners court may adopt an order under
2-26     this chapter only after conducting a public hearing on the proposed
2-27     order.  The court shall give at least two weeks' public notice of
 3-1     the hearing.
 3-2           SECTION 3.  Section 234.003(b), Local Government Code, is
 3-3     amended to read as follows:
 3-4           (b)  The commissioners court of a county, any part of which
 3-5     is located within 57 miles of a major astronomical observatory at
 3-6     the McDonald Observatory or within five miles of a major
 3-7     astronomical observatory at the George Observatory or the Stephen
 3-8     F. Austin State University Observatory, may adopt orders
 3-9     establishing standards relating to proposed subdivisions in order
3-10     to minimize the interference with observatory activities caused by
3-11     outdoor lighting.  The commissioners court may not approve a plat
3-12     of a proposed subdivision that does not meet the standards.
3-13           SECTION 4.  This Act takes effect immediately if it receives
3-14     a vote of two-thirds of all the members elected to each house, as
3-15     provided by Section 39, Article III, Texas Constitution.  If this
3-16     Act does not receive the vote necessary for immediate effect, this
3-17     Act takes effect September 1, 2001.


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 Norm Markworth                          voice (936)468-3001
 Department of Physics & Astronomy       fax   (936)468-4448
 Stephen F. Austin State University     nmarkworth@sfasu.edu
 Box 13044
 Nacogdoches, Texas USA 75962
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