IMF H.B. 2049 75(R)BILL ANALYSIS


STATE AFFAIRS
H.B. 2049
By: Hightower
4-20-97
Committee Report (Unamended)



BACKGROUND 

Current state law allows a county commissioners court to restrict or
prohibit the use of certain aerial fireworks in an unincorporated part of
a county if there is a danger for fire due to lack of rain.  Orders by the
commissioners court must be adopted before June 15 for the 4th of July
season and before December 15th for the December fireworks season. 

However, if the county commissioners regulate or restrict the use of
aerial fireworks in an area, they cannot allow any exceptions to that
regulation.  The pyrotechnics industry would like county commissioners to
have the ability to designate "safe areas" where fireworks could be used,
during a time of regulation. 

PURPOSE

As proposed, H.B. 2049 allows county commissioners courts to regulate
aerial fireworks in unincorporated areas of the county if the Texas Forest
Service designates the area as having a drought condition.  This bill also
allows county commissioners courts to designate "safe areas" where
fireworks may be used within the county during a drought condition. 

RULEMAKING AUTHORITY

It is the committee's opinion that this bill does not expressly grant any
additional rulemaking authority to a state officer, department, agency or
institution. 

SECTION BY SECTION ANALYSIS

SECTION 1. Amends Section 240.904 of the Local Government Code as follows:

Section 240.904 (a)(2) is added to define "drought conditions," as
determined by the Texas Forest Service, which take into account the burn
index for that area.  A drought condition can only be identified during
the two fireworks seasons. 
Section 240.904 (b) is added requiring the Texas Forest Service to
determine whether drought conditions exist in all or part of the county
requesting such determination.  The Texas Forest Service is required to
notify counties as soon as identified drought conditions no longer exist.
This Subsection allows the Texas Forest Service to receive donated
equipment or funds to carry out this Section. 
Section 240.904 (c) allows county commissioners courts to regulate certain
aerial fireworks in the areas of the county determined to be in a drought
condition. 
Section 240.904 (e) provides that an order to regulate fireworks ends as
soon as drought conditions end. 
Section 240.904 (f) allows county commissioners court to designate one or
more safe areas for the use of regulated fireworks. 
Section  240.904 (g-i) make clarifying and conforming changes.

SECTION 2.  Emergency clause.  Effective date:  upon passage.