HBA-ALS H.B. 2279 76(R)    BILL ANALYSIS


Office of House Bill AnalysisH.B. 2279
By: Swinford
State Affairs
3/16/1999
Introduced



BACKGROUND AND PURPOSE 

Currently, a commissioners court may regulate the use of only certain
aerial fireworks during drought conditions.  The purpose of this bill is to
allow a county to prohibit or restrict the use of all types of fireworks
during drought conditions. 

H.B. 2279 broadens the definition of  "fireworks" to include any
composition or device designed for entertainment to produce a visible or
audible effect by combustion, explosion, deflagration, or detonation, and
allows a county to regulate the use of such devices in any area of that
county where drought conditions exist.  

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 the heading of Section 240.904, Local Government Code,
as follows: 

Sec. 240.904.  New title:  REGULATION OF FIREWORKS.  Deletes "certain" from
existing title. 

SECTION 2.  Amends Section 240.904(a)(1), Local Government Code, to define
"fireworks" as having the meaning assigned to it by Section 1, Article
5.43-4, Insurance Code (Fireworks).  Deletes the definition of "aerial
fireworks." 

SECTION 3. Amends Sections 240.904(c), (f), and (g), Local Government Code,
to make conforming and nonsubstantive changes. 

SECTION 4.  Emergency clause.
  Effective date: upon passage.