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.