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.