HBA-ALS H.B. 2677 76(R) BILL ANALYSIS Office of House Bill AnalysisH.B. 2677 By: Goolsby State Affairs 4/13/1999 Introduced BACKGROUND AND PURPOSE Under current law, counties are not granted authority to prohibit the sale of restricted fireworks which include fireworks known as "skyrockets with sticks" and "missiles with fins." H.B. 2677 allows a county to prohibit the sale of restricted fireworks during drought conditions. This bill also creates a fireworks safety and education program which must be approved by the Commissioner of Insurance. This bill provides for the funding of this program from the additional collection of licensing fees from firework retailers, manufacturers, distributors, and jobbers. 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 RESTRICTED FIREWORKS. Deletes "certain" from existing title. SECTION 2. Amends Section 240.904(a)(1), Local Government Code, to define "restricted fireworks" and to delete the definition of "aerial fireworks." SECTION 3. Amends Sections 240.904(c), (f), and (g), Local Government Code, as follows: (c) Authorizes the commissioners court of a county that determines that drought conditions exist within the county to prohibit or restrict, by order, the sale or use of restricted fireworks in the area where drought conditions exist. Makes conforming changes. (f) Makes conforming changes. (g) Makes conforming changes. SECTION 4. Amends Article 5.43-4, Insurance Code, by adding Section 16B, as follows: Sec. 16B. FIREWORKS SAFETY AND EDUCATION PROGRAM. (a) Requires the Commissioner of Insurance (commissioner) to establish a fireworks safety and education program. Requires the program to provide information relating to the proper and safe use of fireworks and the dangers of the improper use of fireworks. (b) Requires a program to be administered by the advisory council established under Section 5B of this article. Authorizes the program to include any method of communicating the need for safe use of fireworks and the dangers of improper use. Provides that a program which the advisory council proposes to present must be approved by the commissioner. (c) Specifies fees required to be collected in order to fund the program established under this section. (d) Authorizes the commissioner to use the funds collected under Subsection (c) only for the purposes of this section. SECTION 5.(a) Effective date: September 1, 1999. (b) Makes application of this Act prospective. SECTION 6.Emergency clause.