HBA-MSH C.S.H.B. 1350 77(R)BILL ANALYSIS Office of House Bill AnalysisC.S.H.B. 1350 By: Brimer County Affairs 4/23/2001 Committee Report (Substituted) BACKGROUND AND PURPOSE Under current law, municipalities are authorized to regulate the sale and use of fireworks, while counties are authorized to regulate fireworks in unincorporated areas only during a drought. These unincorporated areas may be densely populated, creating a safety risk from the use of fireworks. C.S.H.B. 1350 authorizes a county commissioners court to prohibit or otherwise regulate the use of fireworks in unincorporated areas of certain counties. 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. ANALYSIS C.S.H.B. 1350 amends the Local Government Code to authorize a county commissioners court of a county with a population of one million or more and that has two municipalities located in whole or in part within its boundaries each having a population of 300,000 or more and a county with a population of 2.8 million or more by order to prohibit or otherwise regulate the use of fireworks in the unincorporated area of the county and within 500 feet of a residence. The bill prohibits the commissioners court in such a county from otherwise regulating the sale, use, or possession of fireworks in the unincorporated area. The bill sets forth provisions regarding the posting of notice of these provisions at points of sale of fireworks. The bill specifies that a person who knowingly violates such an order commits a Class C misdemeanor and sets forth exceptions. The bill provides for copies of an order adopted by a commissioners court to be sent to the state fire marshal and each licensed manufacturer, distributor, and jobber in the affected county. EFFECTIVE DATE On passage, or if the Act does not receive the necessary vote, the Act takes effect September 1, 2001. COMPARISON OF ORIGINAL TO SUBSTITUTE C.S.H.B. 1350 differs from the original by providing that the provisions of the bill also apply to a county with a population of 2.8 million or more and a county with a population of one million or more that has two municipalities with a population of 300,000 or more located in whole or in part in the county rather than entirely in the county. The substitute also prohibits a commissioner court from regulating the sale or possession of fireworks in an unincorporated area of the county not specified in the bill. C.S.H.B. 1350 provides that the commissioners court of a county may prohibit or otherwise regulate the use of fireworks within 500 feet of a residence, rather than within 500 feet of a residential area as was provided in the original.