HBA-CMT C.S.H.B. 309 77(R)    BILL ANALYSIS


Office of House Bill AnalysisC.S.H.B. 309
By: Ellis, Dan
County Affairs
2/23/2001
Committee Report (Substituted)



BACKGROUND AND PURPOSE 

Currently, the Local Government Code does not authorize a  county with a
population of less than 250,000 or a county adjacent to a county with a
population of less than 250,000 to enact or adopt a fire code. C.S.H.B. 309
authorizes all county commissioners courts to adopt a fire code and rules
necessary to administer and enforce the fire codes, regardless of the size
of the county, and prohibits a county from regulating the sale of
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

C.S.H.B. 309 amends the Local Government Code to remove the population
requirements pertaining to the authorization of a commissioners court of a
county to adopt a fire code and rules to enforce and administer the fire
code.  The bill prohibits a county from regulating the sale of fireworks
within the fire code. 

EFFECTIVE DATE

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

COMPARISON OF ORIGINAL TO SUBSTITUTE

The substitute differs from the original bill by prohibiting a county from
regulating the sale of fireworks within the fire code.