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.