HBA-CDB S.B. 939 76(R)    BILL ANALYSIS


Office of House Bill AnalysisS.B. 939
By: Armbrister
State Affairs
4-29-1999
Engrossed



BACKGROUND AND PURPOSE 

Under current law, counties are not granted authority to prohibit the sale
of restricted fireworks, which include fireworks known as "skyrockets with
sticks" and "missiles with fins."  S.B. 939 allows a county to prohibit the
sale of restricted fireworks during drought conditions.  This bill also
creates a fireworks safety and education program which must be approved by
the Commissioner of Insurance.  This bill provides for the funding of this
program from the additional collection of licensing fees from firework
retailers, manufacturers, distributors, and jobbers. 
 
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 the heading of Section 240.904, Local Government Code, as
follows: 

Sec. 240.904. New title: REGULATION OF RESTRICTED  FIREWORKS. Deletes
"certain" from existing title. 

SECTION 2. Amends Section 240.904(a)(1), Local Government Code, to define
"restricted fireworks" and to delete the definition of "aerial fireworks." 

SECTION 3.  Amends Sections 240.904(c), (f), and (g), Local Government
Code, as follows:  

(c)  Authorizes the commissioners court of a county that determines that
drought conditions exist within the county to prohibit or restrict, by
order, the sale or use of restricted fireworks in the area where drought
conditions exist.  Makes conforming changes. 

(f)   Makes conforming changes.
 
(g)   Makes conforming changes.

SECTION 4.  Amends Article 5.43-4, Insurance Code, by adding Section 16B,
as follows: 

Sec. 16B. FIREWORKS SAFETY AND EDUCATION PROGRAM.  (a) Requires the
Commissioner of Insurance (commissioner) to establish a fireworks safety
and education program. Requires the program to provide information relating
to the proper and safe use of fireworks and the dangers of the improper use
of fireworks.  

(b) Requires a program to be administered by the advisory council
established under Section 5B (Advisory Council) of this article. Authorizes
the program to include any method of communicating the need for safe use of
fireworks and the dangers of improper use. Provides that a program which
the advisory council proposes to present must be approved by the
commissioner.  


 (c)  Specifies fees required to be collected in order to fund the program
established under this section. 
 
(d)  Authorizes the commissioner to use the funds collected under
Subsection (c) only for the purposes of this section.  

SECTION 5.(a)   Effective date: September 1, 1999. 
  (b)   Makes application of this Act prospective.

SECTION 6.Emergency clause.