SRC-SLL S.B. 408 75(R)    BILL ANALYSIS


Senate Research CenterS.B. 408
By: Harris
Criminal Justice
2-10-97
As Filed


DIGEST 

Currently, Texas law provides that a violation of laws regarding fireworks
is a Class B misdemeanor. However, this requires law enforement officers
to spend many hours in the arrest, transportation, booking, and
arraignment process.  S.B. 408 will change certain violations to a Class C
misdemeanor.  This bill will also provide new regulations for filing an
action contesting the seizure of fireworks. 

PURPOSE

As proposed, S.B. 408 changes certain violations of laws regarding
fireworks from a Class B to a Class C misdemeanor and provides new
regulations for filing an action contesting the seizure of fireworks. 

RULEMAKING AUTHORITY

This bill does not grant any additional rulemaking authority to a state
officer, institution, or agency. 

SECTION BY SECTION ANALYSIS

SECTION 1. Amends Section 19, Article 5.43-4, Insurance Code, to provide
that a person commits a Class B misdemeanor if the person commits an
offense under this section, except as provided by Subsection (c) of this
section.  Provides that a person commits a Class C misdemeanor if the
person commits an offense for a violation of Section 17(f)(1), (2), (3),
(4), or (5), of this article, except as provided by Subsection (d) of this
section.  Provides that if it is shown on the trial of an offense
described by Subsection (c) of this section that 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. Authorizes the State Board
of Insurance (board), if the board determines that a violation of this
article creates a threat to the public safety, to bring suit in the county
court in which the offense was committed or the county in which the person
who committed the offense resides or has an office. Authorizes certain
persons to seize from retail fireworks consumers illegal fireworks.
Requires the owner of seized fireworks, on filing an action under this
subsection, to give notice of the filing of the action to the seizing
agent or sheriff.  Requires the seizing agent or the sheriff, if the
seizing agent or sheriff does not receive notice of an action contesting
the seizure, rather than if an action contesting the action is not filed,
by the 31st, rather than 30th, day after the seizure, to destroy the
fireworks.  Makes conforming changes. 

SECTION 2.  Makes application of this Act prospective.

SECTION 3. Makes application of this Act regarding the seizure of
fireworks prospective. 

SECTION 4. Effective date: September 1, 1997.

SECTION 5. Emergency clause.