SWB H.B. 3210 75(R)BILL ANALYSIS


WAYS & MEANS
H.B. 3210
By: Raymond
5-5-97
Committee Report (Amended)



BACKGROUND 

Volunteer fire departments perform an invaluable service to the 
communities in which they 
serve.  Equipment, training and other costs, however, can be 
prohibitive to the work of volunteer 
fire departments.  

PURPOSE

The bill would levy a two percent sales tax on the retail 
purchase of fireworks and dedicate the 
funds to a newly-created Rural Volunteer Fire Department 
Assistance Fund. 

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 Chapter 614, Government Code (Peace Officers and 
Fire Fighters), is 
amended by adding Subchapter E. RURAL VOLUNTEER FIRE DEPARTMENT 
ASSISTANCE PROGRAM 

Sec.  614.071.  DEFINITIONS.

(1) Defines "Director" as the director of the Texas Forest 
Service of the Texas 
A&M University System.
 
(2) Defines "Fund" as the rural volunteer fire department 
assistance fund.

(3) Defines "Program" as the Rural Volunteer Fire Department 
Assistance 
Program.

(4) Defines "Service" as the Texas Forest Service of The Texas 
A&M University 
System.

(5) Defines "Volunteer fire department" as a fire department 
operated by its 
members on a not-for-profit basis, including a department that is 
exempt from 
federal income tax under Section 501(a) of the Internal Revenue 
Code of 1986 (26 
U.S.C.  Section 501(a) ) by being listed as an exempt 
organization in Section 
501(c)(3) of that code (26 U.S.C.  Section 501(c)(3) ).

Sec.  614.072.  ADMINISTRATION OF PROGRAM.

(a) Provides that the Texas Forest Service shall administer the 
volunteer fire 
department assistance program established under this subchapter.  
Provides that 
the director may adopt rules necessary to assist rural volunteer 
fire departments in 
paying for equipment and training of personnel.

(b) Provides that the service may employ staff to administer the 
program.

  (c) Provides that the director shall, in consultation with the 
advisory committee:  
1) determine reasonable criteria and qualifications for the 
distribution of money 
from the fund; 2) establish a procedure for reporting and 
processing requests for 
money form the fund. 

(d) Provides that the director shall prepare an annual written 
report on the activity, 
status, and effectiveness of the fund and shall submit the report 
to the lieutenant 
governor, the speaker of the house of representatives, and the 
comptroller before 
September 1 of each year.

  (e) Provides that any assistance or benefits provided under this 
subchapter to a 
volunteer fire department may not be considered compensation.  
Provides that a 
fire fighting receiving assistance under this subchapter may not 
be considered to 
be in the paid service of any governing body.

Sec.  614.073.  ADVISORY COMMITTEE.  Provides that the director 
shall 
appoint an advisory committee to advise the director in regard to 
the 
administration of the program.

  Sec.  614.074.  REQUESTS FOR ASSISTANCE.  

  (a) Provides that a request for assistance from the fund shall be 
submitted to the 
director.  

  (b) Provides that, upon receiving a request for assistance, the 
director shall 
determine whether to provide assistance and the amount of the 
assistance to be 
provided, if any, based on the criteria developed in consultation 
with the advisory 
committee under Section 614.072.  Provides that a written copy of 
the decision 
shall be sent to the requestor and each member of the advisory 
committee.

Sec. 614.075.  FUND.  

  (a) Provides that the rural volunteer fire department assistance 
fund is a fund in 
the general revenue fund and is composed of money collected under 
Chapter 161 
of the Tax Code and contributions to the fund from any other 
source.

(b) Provides that money in the fund may be used only for a 
purpose under this 
subchapter.

SECTION 2.Subtitle E, Title 2, Tax Code (Sales, Excise and Use 
Taxes), is amended by 
adding Chapter 161.  FIREWORKS TAX.

  Sec. 161.001.  DEFINITION.  Defines "fireworks" as any 
composition or device 
designed to produce a visible or audible effect by combustion, 
explosion, 
deflagration, or detonation.

  Sec. 161.002.  FIREWORKS SALES TAX.

  (a) Provides that a tax is imposed on each sale at retail of 
fireworks.

  (b) Provides that the tax rate is two percent of the sale price 
of the fireworks.

  (c)  Provides that the tax imposed under this chapter is in 
addition to the tax 
imposed under Chapter 151, Tax Code (Limited Sales, Excise and 
Use Tax). 
Provides that the tax imposed by this chapter does not apply to a 
sale unless the 
tax imposed under Chapter 151, Tax Code (Limited Sales, Excise 
and Use Tax), 
applies to the sale.
 
Sec.  161.003.  EXCEPTIONS TO APPLICABILITY OF CHAPTER.  Provides 
exceptions to this chapter:  1) a toy pistol, toy cane, toy gun, 
or other device that 
uses a paper or plastic cap; 2) a model rocket or model rocket 
motor designed, 
sold, and used for the purpose of propelling a recoverable aero 
model; 3) a 
propelling or expelling charge consisting of a mixture of sulfur, 
charcoal, and 
potassium nitrate; 4) a novelty and trick noisemaker; 5) a 
pyrotechnic signaling 
device or distress signal for marine, aviation, or highway use in 
an emergency 
situation; 6) a fusee or railway torpedo for use by a railroad; 
7) the sale of a blank 
cartridge for use in a radio, television, film, or theater 
production, for signal or 
ceremonial purposes in athletic events, or for industrial 
purposes; 8) a pyrotechnic 
device for use by a military organization.

  Sec. 161.004.  APPLICATION OF OTHER PROVISIONS OF TAX CODE.  

  (a) Provides that, except as provided differently in this 
chapter, the tax imposed by 
this chapter is administered, imposed, collected, and enforced in 
the same manner 
as the tax under Chapter 151, Tax Code (Limited Sales, Excise and 
Use Tax), is 
administered, imposed, collected, and enforced, and the 
provisions of Chapter 
151, Tax Code (Limited Sales, Use and Excise Tax), applicable to 
the sales tax 
imposed under Subchapter C, Chapter 151, Tax Code (Imposition and 
Collection 
of Sales Tax), apply to the tax imposed by this chapter.

(b) Provides that a change in the law relating to the taxation of 
the sale of 
fireworks under Chapter 151, Tax Code (Limited Sales, Excise and 
Use Tax), also 
applies to the tax imposed by this subchapter.

  Sec. 161.005.  ALLOCATION OF TAX.  Provides that the comptroller 
shall 
allocate the revenue from taxes imposed by this chapter, other 
than penalties and 
interest, to the rural volunteer fire department assistance fund 
established by 
Section 614.075, Government Code (Fund) [A new Section created by 
the bill].

SECTION 3.Establishes the effective date:

(a) Provides that if this Act receives the votes required by 
Section 39, Article III, 
Texas Constitution (Time of Taking Effect of Laws; Emergencies; 
Entry on 
Journal), for an effective date before the 91st day after the 
last day of the 
legislative session, this Act takes effect July 1, 1997.

(b) Provides that if this Act does not receive the votes required 
by Section 39, 
Article III, Texas Constitution (Time of Taking Effect of Laws; 
Emergencies; 
Entry on Journal), for an effective date before the 91st day 
after the last day of the 
legislative session, this Act takes effect October 1, 1997.

(c) Provides that the director of the Texas Forest Service may 
not grant a request 
for assistance under Subchapter E, Chapter 614, Government Code 
(Rural 
Volunteer Fire Department Assistance Program), as added by this 
Act, before 
September 1, 1998.

SECTION 4.Emergency clause.

EXPLANATION OF AMENDMENTS

Committee Amendment Number One establishes a five-member advisory 
committee and 
provides that two of its members shall be members of the Texas 
Rural Fire Advisory Council, 
two shall be elected county officials and one shall be an elected 
representative of a municipality 
with a population of 10,000 or less.

Committee Amendment Number Two establishes that if the additional 
tax would cause the 
overall sales tax rate to exceed 8.25 percent, the additional tax 
on fireworks shall not be
 collected.

Committee Amendment Number Three provides that annual 
administration costs associated with 
the Texas Rural Volunteer Fire Department Assistance Program 
shall not exceed seven percent 
of the total annual revenue generated by the two percent increase 
on the retail sales of fireworks