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


Office of House Bill AnalysisC.S.H.B. 890
By: Hamric
State Affairs
4/22/1999
Committee Report (Substituted)



BACKGROUND AND PURPOSE 

Current 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.  C.S.H.B. 890 authorizes a county
commissioners court in a county which has a population of 2.8 million or
more to regulate the use of fireworks within 600 feet of residences in all
or 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 2.8
million or more.   

(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 within 600 feet of residences in
all or any part of the unincorporated area of a county.   

(e) 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). 

(f) 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). 

(g) 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. 

(h) Requires the state fire marshal to send a copy of each order received
under Subsection (g) 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. 
 
(i) 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.

COMPARISON OF ORIGINAL TO SUBSTITUTE

The substitute differs from the original in SECTION 1 (proposed Section
240.9045, Local Government Code), as follows: 

Modifies proposed Subsection (a) by providing that this section applies
only to a county that has a population of 2.8 million or more, rather than
one million or more with a population of 100,000 or more in the
unincorporated area of the county. 

Modifies proposed Subsection (d) by authorizing the county commissioners
court to prohibit or otherwise regulate the use of fireworks within 600
feet of residences in all or any part of the unincorporated part of the
county, rather than regulate the use of fireworks in any part of the
unincorporated part of the county.  Further modifies proposed Subsection
(d) by redesignating language that provides that the aforementioned
authority is in addition to the county's authority to regulate fireworks
under Section 240.904, Local Government Code (Regulation of Certain
Fireworks), as Subsection (e).   

Redesignates proposed Subsections (e)-(h) as Subsections (f)-(i).  Makes a
conforming change.