HBA-ALS H.B. 1728 76(R) BILL ANALYSIS Office of House Bill AnalysisH.B. 1728 By: Bosse State Affairs 3/10/1999 Introduced BACKGROUND AND PURPOSE Currently, there is no statutory provision allowing the commissioners court of a county (court) to regulate the use of fireworks in a residential subdivision located in an unincorporated area of that county. There is a concern that individuals living in a municipality that prohibits the use of fireworks within its city limits are traveling to these unregulated subdivisions to use fireworks. The purpose of this bill is to allow the court to regulate the use of fireworks within these residential subdivisions. H.B.1728 allows the court, by order, to prohibit or regulate the use of fireworks in a residential subdivision that is located in all or part of the unincorporated area of the county. The bill requires a person selling fireworks in the county to provide specified notice of the order wherever the fireworks are sold. H.B.1728 establishes that a person who knowingly violates an order commits a Class C misdemeanor. 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 240.904(c), Local Government Code, to provide that the authority of the commissioners court under this section is in addition to its authority to regulate fireworks use under Section 240.9045, Local Government Code. SECTION 2. Amends Subchapter Z, Chapter 240, Local Government Code, by adding Section 240.9045, as follows: Sec. 240.9045. ADDITIONAL REGULATION OF USE OF FIREWORKS IN COUNTY. (a) Defines "fireworks" and "residential subdivision." (b) Authorizes the commissioners court of a county (court) to prohibit or regulate the use of fireworks in a residential subdivision which is located in all or part of the unincorporated area of the county. (c) Authorizes the court to exempt certain types or uses of fireworks from prohibition or regulation. (d) Requires a person who sells fireworks in a county that has adopted an order under Subsection (b), to provide reasonable notice of the order and of the location of the designated area under Subsection (b) at every location in the county where the person sells fireworks. (e) Provides that if there is a conflict between a municipal ordinance and an order under this section, the ordinance prevails within the municipality's jurisdiction, to the extent of the conflict. (f) Establishes that an offense is committed if a person knowingly violates a prohibition or regulation that is established by a court's order pursuant to this section. Establishes that an offense under this section is a Class C misdemeanor. SECTION 3. Emergency clause. Effective date: upon passage.