BILL ANALYSIS C.S.H.B. 2023 By: Moffat April 30, 1995 Committee Report (Substituted) BACKGROUND State regulations(Ins. Code, Art 5.43-4, Sec. 17) prohibit the igniting of fireworks on public roads and near public buildings. Currently, violations of these locations are now a Class "B" misdemeanor, which require formal arrest and case filings with the District Attorney's office. So as not to burden police, jails and District Attorney's, it would be more convenient for law enforcement officials to merely issue citations for any of the above violations. PURPOSE House Bill 2023 provides for the reduction of an offense under Article 5.43-4, Insurance Code, from the current Class B to a Class C misdemeanor. However, violations resulting in injuries or over $200 in property damage would remain Class "B" misdemeanors. RULEMAKING AUTHORITY It is the committee's opinion that this bill does grant additional rulemaking authority to the Texas Commission on Fire Protection in SECTION 4 of this act. SECTION BY SECTION ANALYSIS SECTION 1. Amends Section 3, Article 5.43-4, Insurance Code to provide that any municipal regulation which governs the transportation of Class C fireworks shall not prohibit the transportation of said fireworks on hazardous material routes through such municipality nor prohibit the transfer of such fireworks in transit at facilities designed for such transfer by a common carrier within the boundaries of such municipalities so long as the fireworks remain in the continuing course of intrastate or interstate commerce. SECTION 2. Amends Section 17, Article 5.43-4, Insurance Code, by adding a new Section (f)(10). (10) Requires that a person may not transport fireworks through a municipality other than on rates lawfully designated by such municipality for the transportation of hazardous materials if such routes have been designated by the municipality. SECTION 3. Amends Section 19, Article 5.43-4, Insurance Code, as follows: (a) No substantive change. (b) Requires that an offense under this section, except as provided by Subsection (c) of this section is classified as a Class B Misdemeanor. (c) Requires that an offense for a violation under Section 17(f) (1), (2), (3), (4), (5), or (10) of this article is a Class C Misdemeanor. (d) Permits an offense shown on trial described in Subsection (c) of this section that the act resulted in property damage of at least $200 or in bodily injury or death, the offense is a Class B misdemeanor. (e) No substantive change. (f) No substantive change. (g) Allows the board to bring suit in the district or county court of the county in which the offense was committed or the county in which the person committed the offense resides. (h) Amends procedure for confiscating illegal fireworks to only allow seizures from retail consumers. Allows the owner of seized fireworks to file an action contesting the seizure in a district or county court where the fireworks were seized. The owner shall notify the seizing agent or sheriff upon filing such an action. SECTION 4. Requires the Texas Commission on Fire Protection in consultation with the Fireworks Advisory Council of that agency to adopt regulations to implement a waiver for the transportation of fireworks classified as a Class 1.3G explosive in conformance with the requirements of any such waiver authorized by the Federal Highway Administration. SECTION 5. Makes application of this act prospective. SECTION 6. Makes application of this act prospective. SECTION 7. Effective date: September 1, 1995. SECTION 8. Emergency clause. COMPARISON OF ORIGINAL TO SUBSTITUTE The original bill does not address the transportation of fireworks, which the substitute addresses in SECTIONS 1 & 2. In SECTION 3. the substitute adds a violation of Section 17(f)(10), Article 5.43-4, Insurance Code, to the list of violations being classified as Class C misdemeanors. The substitute also changes the current law to provide that illegal fireworks can only be seized from retail consumers. The substitute also adds SECTION 4. which allows the Texas Commission on Fire Protection to adopt rules to implement waivers authorized by the Federal Highway Administration for the transportation of certain explosives. 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 2023. The Chair laid out HB 2023 and recognized Rep. Moffat to explain the bill. The following persons testified for the bill: Zach Sterns representing the Texas Pyrotechnics Association; and Chester Davis representing the Texas Pyrotechnic Association. The Chair left HB 2023 pending. In a formal meeting on April 27, 1995 the Chair laid out HB 2023. Rep. D. Jones 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 14 ayes, 0 nay, 0 pnv, and 1 absent.