HBA-NMO H.B. 890 76(R)    BILL ANALYSIS


Office of House Bill AnalysisH.B. 890
By: Hamric
State Affairs
2/25/1999
Introduced



BACKGROUND AND PURPOSE 

Currently, Texas law prohibits the sale and use of fireworks within all
incorporated areas, but does not prohibit their sale or use in populous
unincorporated areas.  At the same time, counties lack the authority to
regulate fireworks outside of certain prescribed conditions.  H.B. 890
authorizes a county commissioners court in a county which has one million
residents and 100,000 residents in its unincorporated area to regulate the
use of fireworks in any part of the unincorporated area of the county. 

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 240.9045, as follows: 

Sec.  240.9045.  ADDITIONAL COUNTY REGULATION OF FIREWORKS.  (a) Provides
that this section applies only to a county that has a population of one
million or more, with a population of 100,000 or more in the unincorporated
area of the county.   

(b) Defines "fireworks," for the purposes of this section, as any
composition or device designed for entertainment to produce a visible or
audible effect by combustion, explosion, deflagration, or detonation. 

(c) Provides that this section does not apply to specific items and
situations, including but not limited to a public fireworks display
conducted by a licensed pyrotechnic operator. 

(d) Authorizes the commissioners court of a county to prohibit or otherwise
regulate, by order, the use of fireworks in any part of the unincorporated
area of a county.  Provides that this authority is in addition to the
county's authority to regulate fireworks under Section 240.904, Local
Government Code (Regulation of Certain Fireworks). 

(e) Requires a person selling fireworks in a county that has adopted an
order under Subsection (d), at every location at which the person sells
fireworks in the county, to provide reasonable notice of the order and
reasonable notice of any area where the sale, possession, or use of
fireworks is prohibited or regulated under Subsection (d). 

(f) Requires a commissioners court that adopts an order under Subsection
(d) to send a copy of the order to the state fire marshal not later than 30
days after the date the order is adopted. 

(g) Requires the state fire marshal to send a copy of each order received
under Subsection (f) to each licensed manufacturer, distributor, and jobber
in the affected county not later than 30 days after the date the fire
marshal receives the order. 

 (h) Provides that a person commits a Class C misdemeanor if the person
knowingly violates a prohibition or other regulation established by an
order adopted under this section. 

SECTION 2.  Emergency clause.
  Effective date: upon passage.