HBA-NMO, TYH H.B. 947 76(R)BILL ANALYSIS


Office of House Bill AnalysisH.B. 947
By: Palmer
Criminal Jurisprudence
8/10/1999
Enrolled



BACKGROUND AND PURPOSE 

Fireworks violations increase during the holiday seasons, especially around
the Fourth of July.  Fires started from fireworks have damaged grass,
dwellings, barns, and vehicles.  Prior to the 76th Legislature, state
fireworks regulations classified all fireworks violations as Class B
misdemeanors which require arrest and filing of cases through a district
attorney's (DA) office, placing a burden on fire departments and DA's
offices.  H.B. 947 classifies the most common fireworks offenses as Class C
misdemeanors, except when the act constituting the offense results in
property damage of at least $200 or more or in bodily injury or death, in
which case the offense is a Class B 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 Section 19, Article 5.43-4, Insurance Code, by deleting
existing Subsection (b), redesignating existing Subsections (c)-(f) as
(b)-(e), and adding new Subsections (f)-(h), as follows: 

(b) Redesignated from existing Subsection (c).  Deletes existing language
that provides that an offense under this section is a Class B misdemeanor. 

(c)-(e) Redesignated from existing Subsections (d)-(f).

(f) Provides that an offense under this section is a Class B misdemeanor,
except as provided by Subsections (g) and (h). 

(g) Provides that a violation of Section 17(f)(1), (2), (3), (4), or (5)
(Prohibited Acts) of this article (Fireworks) is a Class C misdemeanor,
except as provided by Subsection (h) of this section. 

(h) Provides that an offense described by Subsection (g), if it is shown at
the trial of the offense that the act constituting the offense resulted in
property damage of at least $200 or more or in bodily injury or death, is a
Class B misdemeanor. 

SECTION 2.  Makes application of this Act prospective.

SECTION 3.  Emergency clause.
  Effective date: upon passage.