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.