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.