BILL ANALYSIS
C.S.H.B. 828
By: Craddick
04-21-95
Committee Report (Substituted)
BACKGROUND
During the 72nd Legislature, Regular Session, the Texas Legislature
passed legislation which would give certain counties the authority
to prohibit or restrict the use of fireworks classified under 49
C.F.R. Sec. 173.100(r)(2) (10-1-86) edition, as "skyrockets with
sticks" and those items classified as "missiles". This legislation
was primarily designed to allow counties to regulate the use of
certain fireworks during drought conditions. Since the passage of
that legislation the counties and the fireworks industry have
agreed that there needed to be certain changes in the act to
strengthen the ability of all counties to prohibit the use of
these aerial fireworks during drought and winter dry conditions and
to clarify the requirements necessary to be met before the counties
could implement the provisions of the act.
PURPOSE
HB 828 allows the County Commissioners Court to regulate fireworks
in the unincorporated areas of the county.
RULEMAKING AUTHORITY
It is the committee's opinion that this bill does not expressly
grant any additional rulemaking authority to a state officer,
department, agency or institution.
SECTION BY SECTION ANALYSIS
SECTION 1. Amends Subchapter Z, Chapter 240.904, Local Government
Code, as follows:
(a) (1) Incorporates into the new definition of "aerial
items" other aerial pyrotechnic devices which are designed with
fins for the purpose of achieving aerodynamic flight, including
"missiles" and "rockets".
(2) Defines "Climatic conditions" as a specific
condition that exist due to a severe lack of precipitation in
a specified area.
(b) Allows the commissioners court of a county by order to
prohibit or restrict the use of "aerial items" in all or a
portion of the unincorporated area of the county in which the
danger of fire for that particular time and place is greatly
enhanced or is anticipated to be greatly enhanced by climatic
conditions. Also allows the commissioners court of a county
to prohibit the use of certain "aerial fireworks" during the
December fireworks season, when conditions on rural acreage in
the county not under cultivation for at least 12 months are
determined to be extremely hazardous for the danger of fire
due to high grass or dry vegetation.
(c) Requires that an order adopted under Subsection (b) must
be adopted before: June 15 of each year for the Fourth of July
fireworks season; and December 15 of each year for the
December fireworks season.
(d) Prohibits an order issued under this section from
extending beyond the period that the enhanced, hazardous, or
anticipated enhanced fire danger exists.
(e) Provides that an order issued under this section is
enforceable only if at least one safe area of appropriate size
and accessibility in the county where the use of aerial
fireworks is not prohibited. Allows the safe area to be
provided by the county, a municipality within the county, or
an individual, business or corporation. Allows the safe area
to be designated and provided in the geographic area of the
regulatory jurisdiction of a municipality if the activity
conducted in the safe area is authorized by general law or a
municipality regulation or ordinance. Defines a safe area to
be adequate if public safety and fire protection services are
provided to the area. Provides that a county, municipality,
individual, business, or corporation is not liable for
injuries or damages resulting from the designation,
maintenance, or use of the safe area.
(f) Requires every person selling aerial fireworks or other
fireworks in a county that has adopted an order under
subsection (b) provide reasonable notice or the order and
location of the safe area designated under subsection (e) at
every location at which that person sells fireworks.
(g) Permits any affected party to injunctive relief to
prevent the violation or threatened violation of a requirement
or prohibition established by an order adopted under this
section.
(h) Provides that a person commits an offense if the person
knowingly or intentionally violates a prohibition established
by an order issued under this section. Provides that an
offense under this section is a Class C misdemeanor.
SECTION 2. Emergency Clause. Effective date: upon passage.
COMPARISON OF ORIGINAL TO SUBSTITUTE
The original defined "fireworks" as any composition or device
primarily designed for entertainment purposes that produces a
visible or audible effect by combustion, explosion, deflagration,
or detonation whereas the substitute defines replaces the
definition of "fireworks" with the definition of "aerial items"
which incorporates other aerial pyrotechnic devices which are
designed with fins for the purpose of achieving aerodynamic flight,
including "missiles" and "rockets". The original also deleted the
definition of "climatic condition", which the substitute amends.
The original allowed the commissioners court of a county to
prohibit or regulate the sale, possession, or use of fireworks in
any part of the unincorporated area of the county and allowed the
court to set a fee for a license or permit required under such an
order whereas the substitute allows the commissioners court to
prohibit or restrict the use of certain aerial fireworks in all or
a portion of the unincorporated area of the county in which the
normal danger of fire is greatly enhanced or is anticipated to be
enhanced.
SUMMARY OF COMMITTEE ACTION
Pursuant to posting of public notice, the House Committee on State
Affairs convened in a public hearing on March 13, 1995 to consider
HB 828. The Chair laid out HB 828 and recognized Rep. Craddick to
explain the bill. Rep. Craddick laid out a complete committee
substitute. The following person testified for the bill:
Katherine Keller representing the Texas Farm Bureau; Zach Sterns
representing the Texas Pyrotechnics Association; and Chester Davis
representing the Texas Pyrotechnic Association. The following
person testified again the bill: Julie L. Heckman representing the
American Pyrotechnics Association. C.S.H.B. 828 was withdrawn.
The Chair left HB 828 pending. In a public hearing on March 27,
1995 the Chair laid out HB 828. Rep. Hilbert laid out laid out a
complete committee substitute which was adopted without objection.
The bill was reported favorably as substituted with the
recommendation that it do pass and be printed and be sent to the
Committee on Local and Consent Calendars by a record vote of 15
ayes, 0 nay, 0 pnv, and 0 absent.