By Olivo H.B. No. 164
77R1198 JMG-F
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 75
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(a), Local Government Code, is
1-16 amended to read as follows:
1-17 (a) On the request of the director of McDonald Observatory
1-18 or the director of the George Observatory, the commissioners court
1-19 of a county, any part of which is located within 57 miles of a
1-20 major astronomical observatory, may adopt orders regulating the
1-21 installation and use of outdoor lighting in any unincorporated
1-22 territory of the county. The orders must be designed to protect
1-23 against the use of outdoor lighting in a way that interferes with
1-24 scientific astronomical research.
2-1 SECTION 3. This Act takes effect immediately if it receives a
2-2 vote of two-thirds of all the members elected to each house, as
2-3 provided by Section 39, Article III, Texas Constitution. If this
2-4 Act does not receive the vote necessary for immediate effect, this
2-5 Act takes effect September 1, 2001.