HBA-DMH, EDN H.B. 204 77(R)    BILL ANALYSIS


Office of House Bill AnalysisH.B. 204
By: Seaman
County Affairs
4/8/2001
Introduced



BACKGROUND AND PURPOSE 

Under current law, counties have specific authority to regulate fireworks
only under conditions of  extended drought or hazard of fire because of
high grass or dry vegetation in the county.  The unregulated use of
fireworks in unincorporated areas can cause home and property damage or
injuries to individuals.  House Bill 204 expands the authority of a county
to regulate fireworks. 

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

House Bill 204 amends the Local Government Code to expand the authority of
a county to regulate fireworks.  The bill authorizes the commissioners
court of a county  by order to prohibit or otherwise regulate the use of
fireworks in an area located in the unincorporated part of the county and
in, or within 2,500 feet of a boundary of, a subdivision all or a part of
which is located in the unincorporated area of a county and for which a
plat is required to be prepared and filed.   The bill provides that a
person commits a Class C misdemeanor if the person knowingly violates a
prohibition or other regulation established by an order of the
commissioners court.  The bill also provides a description of devices,
toys, and fireworks to which these provisions do not apply.   

EFFECTIVE DATE

On passage, or if the Act does not receive the necessary vote, the Act
takes effect September 1, 2001.