HBA-NMO C.S.H.B. 890 76(R)BILL ANALYSIS Office of House Bill AnalysisC.S.H.B. 890 By: Hamric State Affairs 4/22/1999 Committee Report (Substituted) BACKGROUND AND PURPOSE Current law prohibits the sale and use of fireworks within all incorporated areas, but does not prohibit their sale or use in populous unincorporated areas. At the same time, counties lack the authority to regulate fireworks outside of certain prescribed conditions. C.S.H.B. 890 authorizes a county commissioners court in a county which has a population of 2.8 million or more to regulate the use of fireworks within 600 feet of residences in all or any part of the unincorporated area 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. SECTION BY SECTION ANALYSIS SECTION 1. Amends Subchapter Z, Chapter 240, Local Government Code, by adding Section 240.9045, as follows: Sec. 240.9045. ADDITIONAL COUNTY REGULATION OF FIREWORKS. (a) Provides that this section applies only to a county that has a population of 2.8 million or more. (b) Defines "fireworks," for the purposes of this section, as any composition or device designed for entertainment to produce a visible or audible effect by combustion, explosion, deflagration, or detonation. (c) Provides that this section does not apply to specific items and situations, including but not limited to a public fireworks display conducted by a licensed pyrotechnic operator. (d) Authorizes the commissioners court of a county to prohibit or otherwise regulate, by order, the use of fireworks within 600 feet of residences in all or any part of the unincorporated area of a county. (e) Provides that this authority is in addition to the county's authority to regulate fireworks under Section 240.904, Local Government Code (Regulation of Certain Fireworks). (f) Requires a person selling fireworks in a county that has adopted an order under Subsection (d), at every location at which the person sells fireworks in the county, to provide reasonable notice of the order and reasonable notice of any area where the sale, possession, or use of fireworks is prohibited or regulated under Subsection (d). (g) Requires a commissioners court that adopts an order under Subsection (d) to send a copy of the order to the state fire marshal not later than 30 days after the date the order is adopted. (h) Requires the state fire marshal to send a copy of each order received under Subsection (g) to each licensed manufacturer, distributor, and jobber in the affected county not later than 30 days after the date the fire marshal receives the order. (i) Provides that a person commits a Class C misdemeanor if the person knowingly violates a prohibition or other regulation established by an order adopted under this section. SECTION 2. Emergency clause. Effective date: upon passage. COMPARISON OF ORIGINAL TO SUBSTITUTE The substitute differs from the original in SECTION 1 (proposed Section 240.9045, Local Government Code), as follows: Modifies proposed Subsection (a) by providing that this section applies only to a county that has a population of 2.8 million or more, rather than one million or more with a population of 100,000 or more in the unincorporated area of the county. Modifies proposed Subsection (d) by authorizing the county commissioners court to prohibit or otherwise regulate the use of fireworks within 600 feet of residences in all or any part of the unincorporated part of the county, rather than regulate the use of fireworks in any part of the unincorporated part of the county. Further modifies proposed Subsection (d) by redesignating language that provides that the aforementioned authority is in addition to the county's authority to regulate fireworks under Section 240.904, Local Government Code (Regulation of Certain Fireworks), as Subsection (e). Redesignates proposed Subsections (e)-(h) as Subsections (f)-(i). Makes a conforming change.