HBA-DMH, EDN H.B. 204 77(R) BILL ANALYSIS Office of House Bill AnalysisH.B. 204 By: Seaman County Affairs 4/8/2001 Introduced BACKGROUND AND PURPOSE Under current law, counties have specific authority to regulate fireworks only under conditions of extended drought or hazard of fire because of high grass or dry vegetation in the county. The unregulated use of fireworks in unincorporated areas can cause home and property damage or injuries to individuals. House Bill 204 expands the authority of a county to regulate fireworks. 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 204 amends the Local Government Code to expand the authority of a county to regulate fireworks. The bill authorizes the commissioners court of a county by order to prohibit or otherwise regulate the use of fireworks in an area located in the unincorporated part of the county and in, or within 2,500 feet of a boundary of, a subdivision all or a part of which is located in the unincorporated area of a county and for which a plat is required to be prepared and filed. The bill provides that a person commits a Class C misdemeanor if the person knowingly violates a prohibition or other regulation established by an order of the commissioners court. The bill also provides a description of devices, toys, and fireworks to which these provisions do not apply. EFFECTIVE DATE On passage, or if the Act does not receive the necessary vote, the Act takes effect September 1, 2001.