HBA-NMO, TYH H.B. 947 76(R)BILL ANALYSIS Office of House Bill AnalysisH.B. 947 By: Palmer Criminal Jurisprudence 8/10/1999 Enrolled BACKGROUND AND PURPOSE Fireworks violations increase during the holiday seasons, especially around the Fourth of July. Fires started from fireworks have damaged grass, dwellings, barns, and vehicles. Prior to the 76th Legislature, state fireworks regulations classified all fireworks violations as Class B misdemeanors which require arrest and filing of cases through a district attorney's (DA) office, placing a burden on fire departments and DA's offices. H.B. 947 classifies the most common fireworks offenses as Class C misdemeanors, except when the act constituting the offense results in property damage of at least $200 or more or in bodily injury or death, in which case the offense is a Class B 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 19, Article 5.43-4, Insurance Code, by deleting existing Subsection (b), redesignating existing Subsections (c)-(f) as (b)-(e), and adding new Subsections (f)-(h), as follows: (b) Redesignated from existing Subsection (c). Deletes existing language that provides that an offense under this section is a Class B misdemeanor. (c)-(e) Redesignated from existing Subsections (d)-(f). (f) Provides that an offense under this section is a Class B misdemeanor, except as provided by Subsections (g) and (h). (g) Provides that a violation of Section 17(f)(1), (2), (3), (4), or (5) (Prohibited Acts) of this article (Fireworks) is a Class C misdemeanor, except as provided by Subsection (h) of this section. (h) Provides that an offense described by Subsection (g), if it is shown at the trial of the offense that the act constituting the offense resulted in property damage of at least $200 or more or in bodily injury or death, is a Class B misdemeanor. SECTION 2. Makes application of this Act prospective. SECTION 3. Emergency clause. Effective date: upon passage.