1-1 By: Olivo, Christian (Senate Sponsor - Armbrister) H.B. No. 164
1-2 (In the Senate - Received from the House April 11, 2001;
1-3 April 17, 2001, read first time and referred to Committee on
1-4 Intergovernmental Relations; May 11, 2001, reported favorably by
1-5 the following vote: Yeas 5, Nays 0; May 11, 2001, sent to
1-6 printer.)
1-7 A BILL TO BE ENTITLED
1-8 AN ACT
1-9 relating to the authority of counties to regulate outdoor lighting
1-10 near major astronomical observatories.
1-11 BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
1-12 SECTION 1. Section 234.001(1), Local Government Code, is
1-13 amended to read as follows:
1-14 (1) "Major astronomical observatory" means a facility
1-15 that is established to conduct scientific observations of
1-16 astronomical phenomena and is equipped with one or more telescopes
1-17 [a telescope] that:
1-18 (A) have objective diameters that total 69
1-19 inches or more; and
1-20 (B) are permanently mounted in enclosed
1-21 buildings [has an aperture at least 75 inches in diameter].
1-22 SECTION 2. Section 234.002, Local Government Code, is amended
1-23 to read as follows:
1-24 Sec. 234.002. COUNTY REGULATORY AUTHORITY; ADOPTION OF
1-25 ORDERS. (a) On the request of the director of McDonald
1-26 Observatory, the commissioners court of a county, any part of which
1-27 is located within 57 miles of a major astronomical observatory at
1-28 the McDonald Observatory, may adopt orders regulating the
1-29 installation and use of outdoor lighting in any unincorporated
1-30 territory of the county.
1-31 (b) On the request of the director of the George Observatory
1-32 or the Stephen F. Austin State University Observatory, the
1-33 commissioners court of a county, any part of which is located
1-34 within five miles of a major astronomical observatory at the George
1-35 Observatory or the Stephen F. Austin State University Observatory,
1-36 may adopt orders regulating the installation and use of outdoor
1-37 lighting in any unincorporated territory of the county.
1-38 (c) The orders must be designed to protect against the use
1-39 of outdoor lighting in a way that interferes with scientific
1-40 astronomical research. [(b)] In the orders, the commissioners
1-41 court may:
1-42 (1) require that a permit be obtained from the county
1-43 before the installation and use of certain types of outdoor
1-44 lighting in a regulated area;
1-45 (2) establish a fee for the issuance of the permit;
1-46 (3) prohibit the use of a type of outdoor lighting
1-47 that is incompatible with the effective use of the observatory;
1-48 (4) establish requirements for the shielding of
1-49 outdoor lighting; and
1-50 (5) regulate the times during which certain types of
1-51 outdoor lighting may be used.
1-52 (d) [(c)] The commissioners court may apply more stringent
1-53 standards for areas in which the use of outdoor lighting has a
1-54 greater impact on observatory activities.
1-55 (e) [(d)] The commissioners court may adopt an order under
1-56 this chapter only after conducting a public hearing on the proposed
1-57 order. The court shall give at least two weeks' public notice of
1-58 the hearing.
1-59 SECTION 3. Section 234.003(b), Local Government Code, is
1-60 amended to read as follows:
1-61 (b) The commissioners court of a county, any part of which
1-62 is located within 57 miles of a major astronomical observatory at
1-63 the McDonald Observatory or within five miles of a major
1-64 astronomical observatory at the George Observatory or the Stephen
2-1 F. Austin State University Observatory, may adopt orders
2-2 establishing standards relating to proposed subdivisions in order
2-3 to minimize the interference with observatory activities caused by
2-4 outdoor lighting. The commissioners court may not approve a plat
2-5 of a proposed subdivision that does not meet the standards.
2-6 SECTION 4. This Act takes effect immediately if it receives
2-7 a vote of two-thirds of all the members elected to each house, as
2-8 provided by Section 39, Article III, Texas Constitution. If this
2-9 Act does not receive the vote necessary for immediate effect, this
2-10 Act takes effect September 1, 2001.
2-11 * * * * *