BILL ANALYSIS


                                                         H.B. 828
                                             By: Craddick (Madla)
                                      Intergovernmental Relations
                                                         05-17-95
                              Senate Committee Report (Unamended)
BACKGROUND

During the 72nd Legislature, legislation was passed which gave
certain counties the authority to prohibit or restrict the use of
fireworks classified as "skyrockets with sticks" and "missiles." 
The legislation was primarily designed to allow counties to
regulate the use of certain fireworks during drought conditions. 
Since the passage of the legislation, the counties and the
fireworks industry have agreed that changes were needed in the Act
to strengthen the ability of all counties to prohibit the use of
the 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

As proposed, H.B. 828 authorizes a county commissioners court to
regulate aerial fireworks.

RULEMAKING AUTHORITY

It is the committee's opinion that this bill does not grant any
additional rulemaking authority to a state officer, institution, or
agency.

SECTION BY SECTION ANALYSIS

SECTION 1. Amends Chapter 240.904, Local Government Code, as
follows:

     Sec. 240.904.  New heading:  REGULATION OF CERTAIN FIREWORKS. 
     (a)  Redefines "aerial fireworks" and "climatic conditions."
     
     (b)  Authorizes the commissioners court of a county by order
       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 for that particular time
       and place is greatly enhanced or, according to
       meteorological forecasts, is anticipated to be greatly
       enhances by climatic conditions.  Authorizes the
       commissioners court of a county by order to restrict or
       prohibit the use of certain aerial fireworks 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 because of high grass or dry vegetation.
       
       (c)  Requires the order to be adopted before June 15 of each
       year for the Fourth of July fireworks season and December 15
       of each year for each December fireworks season, to
       facilitate compliance with an order adopted under Subsection
       (b).
       
       (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 under this section is
       enforceable only if the order designates at least one safe
       area of appropriate size and accessibility in the county
       where the use of aerial fireworks is not prohibited.  Sets
       forth provisions relating to the designation of a safe 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.  Deletes existing Subsection (c).
       
       (f)  Requires a person selling aerial fireworks or other
       fireworks in a county that has adopted an order under
       Subsection (b) to provide at every location at which the
       person sells fireworks in the county a reasonable notice of
       the order and of the location of the safe area designated
       under Subsection (e).
       
       (g)  Provides that an affected party, rather than the
       county, is entitled to injunctive relief to prevent the
       violation or threatened violation of a requirement or
       prohibition established by an order adopted under this
       section.  Redesignates existing Subsection (d).
       
       (h)  Redesignates existing Subsection (e).
SECTION 2. Emergency clause.
           Effective date: upon passage.