HBA-CMT, AMW H.B. 339 77(R) BILL ANALYSIS Office of House Bill AnalysisH.B. 339 By: Hamric County Affairs 4/8/2001 Introduced BACKGROUND AND PURPOSE The unregulated use of fireworks can cause damage and injury to homes, property, and families. While the City of Houston currently has the ability to regulate fireworks, the densely populated areas of unincorporated Harris County do not enjoy the same protection. House Bill 399 authorizes a commissioners court of a county with a population of 2.8 million or more to regulate the sale, possession, or use of fireworks in any part of the unincorporated areas of the county. 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 339 amends the Local Government Code to authorize the commissioners court of a county with a population of 2.8 million or more by order to prohibit or otherwise regulate the sale, possession, or use of fireworks in any part of the unincorporated area of the county, in addition to the county's authority to regulate restricted fireworks. The bill requires a person selling fireworks in a county that has adopted one of these orders to provide, at every location at which the person sells fireworks in that county, reasonable notice of the order and reasonable notice of any area where the sale, possession, or use of fireworks is prohibited or regulated. The bill also requires the commissioners court to send a copy of the order to the state fire marshal within 30 days after the date the order is adopted, and requires the state fire marshal to send a copy of the order to each licensed manufacturer, distributor, and jobber in the affected county not later than 30 days after receiving the order. The bill provides that it is a Class C misdemeanor if a person knowingly violates a prohibition or other regulation established by an order of the commissioners court. EFFECTIVE DATE On passage, or if the Act does not receive the necessary vote, the Act takes effect September 1, 2001.