HBA-CMT H.B. 164 77(R)    BILL ANALYSIS


Office of House Bill AnalysisH.B. 164
By: Olivo
County Affairs
7/17/2001
Enrolled



BACKGROUND AND PURPOSE 

Prior to the 77th Legislature, the George Observatory was experiencing
conflicts regarding the regulation of light pollution.  Telescopes used for
research attract light and work better in dark areas.  Artificial light
that points downward, and away from the atmosphere minimizes light
pollution, which hinders telescopic research.   House Bill 164 authorizes a
county to regulate outdoor lighting and proposed subdivisions near a major
astronomical observatory. 

RULEMAKING AUTHORITY

It is the opinion of the Office of House Bill Analysis that this bill does
not expressly delegate any additional rulemaking authority to a state
officer, department, agency, or institution. 

ANALYSIS

House Bill 164 amends the Local Government Code by modifying the definition
of "major astronomical observatory" to mean a facility with one or more
telescopes that have objective diameters that total 69 inches or more and
are permanently mounted in enclosed buildings.  The bill provides that the
director of the McDonald Observatory may request the commissioners court of
a county, any part of which is located within 57 miles of a major
astronomical observatory at the McDonald Observatory, to adopt orders
regulating the installation and use of outdoor lighting in any
unincorporated territory of the county.  On the request of the director of
the George Observatory or the Stephen F. Austin State University
Observatory, the commissioners court of a county, any part of which is
located within five miles of a major astronomical observatory at the George
Observatory or the Stephen F. Austin State University Observatory, is
authorized to adopt orders regulating the installation and use of outdoor
lighting in any unincorporated territory of the county.   

The bill provides that the commissioners court of a county, any part of
which is located within 57 miles of a major astronomical observatory at the
McDonald Observatory or within five miles of a major astronomical
observatory at the George Observatory of the Stephen F. Austin State
University Observatory, is authorized to adopt orders establishing
standards relating to proposed subdivisions to minimize the interference
with the observatory activities caused by outdoor lighting.   

EFFECTIVE DATE

June 15, 2001.