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


Office of House Bill AnalysisH.B. 947
By: Palmer
Criminal Jurisprudence
4/26/1999
Committee Report (Amended)



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.

EXPLANATION OF AMENDMENTS

Committee Amendment #1 adds the following appropriately numbered sections:

SECTION ___.  Amends Section 19, Article 5.43-4, Insurance Code, as follows:

Sec. 19.  PENALTIES.  (a) Makes no change.

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

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

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

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

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

SECTION ___.Makes application of Section 19, Article 5.43-4, Insurance
Code, as amended by this Act, prospective.