HBA-MSH H.B. 1350 77(R)    BILL ANALYSIS


Office of House Bill AnalysisH.B. 1350
By: Brimer
County Affairs
3/25/2001
Introduced



BACKGROUND AND PURPOSE 

Under current law, municipalities are authorized to regulate the sale and
use of fireworks, while counties are authorized to regulate fireworks in
unincorporated areas only during a drought.  These unincorporated areas may
be densely populated, creating a safety risk from the use of fireworks.
House Bill 1350 authorizes a county commissioners court to prohibit or
otherwise regulate the use of fireworks in unincorporated areas of certain
counties. 

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. 

ANALYSIS

House Bill 1350 amends the Local Government Code to authorize a county
commissioners court by order of a county with a population of more than one
million that has exactly two municipalities entirely within its boundaries
each with a population of 300,00 or more to prohibit or otherwise regulate
the use of fireworks in an unincorporated area of the county that is within
500 feet of a residential area.  The bill prohibits the commissioners court
in such a county from otherwise regulating the use of fireworks in an
unincorporated area.  The bill sets forth provisions regarding the posting
of notice of these provisions at points of sale of fireworks.  The bill
specifies that a person who knowingly violates the order commits a Class C
misdemeanor and sets forth exceptions.  The bill provides for copies of an
order adopted by a commissioners court to be sent to the state fire marshal
and each licensed manufacturer, distributor, and jobber in the affected
county not later than  30 days after the order is adopted.  

EFFECTIVE DATE

On passage, or if the Act does not receive the necessary vote, the Act
takes effect September 1, 2001.