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.