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.