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


Office of House Bill AnalysisH.B. 947
By: Palmer
Criminal Jurisprudence
4/5/1999
Introduced



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.  State fireworks regulations classify all
fireworks violations as Class B misdemeanors which require arrest and
filing of cases through the district attorney's (DA) office, placing a
burden on fire departments and the DA's office.  H.B. 947 classifies the
most common fireworks offenses as Class C misdemeanors, except where
property damage exceeds $200.  This allows authorities to write citations
at the scene instead of having to make arrests and file a case with the
DA's office. 

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(b), Article 5.43-4, Insurance Code, to
provide that an offense under this section is a Class C, rather than Class
B, misdemeanor, except that the offense is a Class B misdemeanor if it is
shown on the trial of the offense that the offense resulted in bodily
injury or in property damage of $200 or more. 

SECTION 2.  Makes application of this Act prospective.

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