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.