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                                  * * * * *