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


Office of House Bill AnalysisC.S.H.B. 164
By: Olivo
County Affairs
3/26/2001
Committee Report (Substituted)



BACKGROUND AND PURPOSE 

Currently, the George Observatory is 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.  C.S.H.B. 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

C.S.H.B. 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

On passage, or if the Act does not receive the necessary vote, the Act
takes effect September 1, 2001. 

COMPARISON OF ORIGINAL TO SUBSTITUTE

C.S.H.B. 164 modifies the original bill by decreasing from 75 inches to 69
inches the total objective diameter of telescopes for the definition of
"major astronomical observatory."  The substitute provides that, on the
request of  the director of the George 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, rather than within 57
miles of a major astronomical observatory, may adopt orders regulating the
installation and  use of outdoor lighting in any unincorporated territory
of the county.  The substitute adds provisions authorizing the
commissioners court of a county, any part of which is located within five
miles of a major astronomical observatory at the Stephen F. Austin State
University 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 Stephen F. Austin State University
Observatory.  The substitute adds a provision authorizing 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 or the
Stephen F. Austin State University Observatory, to adopt orders
establishing standards relating to proposed subdivisions to minimize the
interference with observatory activities caused by outdoor lighting.