HBA-ALS H.B. 1647 76(R)    BILL ANALYSIS


Office of House Bill AnalysisH.B. 1647
By: Olivo
State Affairs
3/25/1999
Introduced



BACKGROUND AND PURPOSE 

Under current law, a county can regulate the use of fireworks only during
drought conditions.  Under H.B. 1647, a person who knowingly or
intentionally discharge fireworks within 300 feet of a residence or within
the boundaries of a residential subdivision in an unincorporated area of a
county commits a Class C misdemeanor. 

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. 

SECTION BY SECTION ANALYSIS

SECTION 1.  Amends Subchapter Z, Chapter 240, Local Government Code, by
adding Section 240.9041, as follows: 

Sec. 240.9041. DISCHARGE OF FIREWORKS PROHIBITED IN CERTAIN RESIDENTIAL
AREAS.  Defines "fireworks." Provides that this section only applies to the
unincorporated area of a county.  Establishes that a person commits a Class
C misdemeanor for knowingly or intentionally discharging fireworks within
300 feet of a residence or within the boundaries of a specified
subdivision. 

SECTION 2.Effective date: September 1, 1999. 

SECTION 3.Emergency clause.