BILL ANALYSIS


                                                        H.B. 2023
                                              By: Moffat (Harris)
                                                    State Affairs
                                                         05-25-95
                              Senate Committee Report (Unamended)
BACKGROUND

Municipal ordinances or orders are authorized to prohibit or
regulate the use of fireworks.

In addition, current state regulations prohibit the igniting of
fireworks on public roads and near public buildings.  Violations of
these statutes are now a Class B misdemeanor offense, requiring
formal arrest and case filings with the district attorney's office. 
It may be less of a burden on law enforcement officials to merely
issue citations for these offenses.  

PURPOSE

As proposed, H.B. 2023 prohibits municipalities from prohibiting
the transportation of certain fireworks engaged in interstate or
intrastate commerce and reduces certain offenses under this article
from a Class B to a Class C misdemeanor.

RULEMAKING AUTHORITY

It is the committee's opinion that rulemaking authority is granted
to the Texas Commission on Fire Protection under SECTION 4 (Section
21, Article 5.43-4, Insurance Code) of this bill.

SECTION BY SECTION ANALYSIS

SECTION 1. Amends Section 3, Article 5.43-4, Insurance Code, as
follows:

     Sec. 3.  LOCAL REGULATION.  (a) Created from existing text. 
     Makes conforming changes.
     
     (b) Prohibits a municipal ordinance or order from
       prohibiting the transportation of Class C fireworks on
       hazardous material routes through the municipality or in
       transit at facilities designed for the transfer by a common
       carrier within the municipality, if the fireworks are in the
       continuing course of intrastate or interstate commerce.
SECTION 2. Amends Section 17(f), Article 5.43-4, Insurance Code,
to prohibit a person from transporting fireworks through a
municipality other than on a route designated by the municipality
for the transportation of hazardous materials if routes for the
transportation of hazardous materials have been designated by the
municipality.

SECTION 3. Amends Section 19, Article 5.43-4, Insurance Code, to
provide that an offense for a violation of Section 17(f)(1)-(5) or
(10) of this article is a Class C misdemeanor, except that if the
act constituting the offense resulted in property damage of at
least $200 or in bodily injury or death, the offense is a Class B
misdemeanor.  Redesignates existing Subsections (c)-(f) as
Subsections (e)-(h).  Authorizes the State Board of Insurance to
bring suit in the county, in addition to the district court, of the
county in which the offense was committed or the county in which
the person who committed the offense resides or has an office. 
Specifies retail fireworks consumers as the entities from whom law
enforcement officials may seize illegal fireworks.  Requires the
owner of the seized fireworks to give notice of the filing of an
action to the seizing agent or sheriff on filing the action. 
Requires the seizing agent or the sheriff to destroy the fireworks
if the person does not receive notice of an action by the 31st day
after the seizure, rather than if action is not filed by the 30th
day after the seizure.

SECTION 4. Amends Article 5.43-4, Insurance Code, by adding Section
21, as follows:

     Sec. 21.  WAIVER FOR TRANSPORTATION OF CERTAIN EXPLOSIVES. 
     Authorizes the Texas Commission on Fire Protection to adopt
     rules to implement any waiver authorized by the Federal
     Highway Administration for the transportation of certain
     fireworks.
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.