BWH C.S.S.B. 489 75(R)BILL ANALYSIS


COUNTY AFFAIRS
C.S.S.B. 489
By: Madla (Corte)
5-13-97
Committee Report (Substituted)


BACKGROUND 

Currently, only Harris County can propose and adopt rules regulating
explosives. Explosives are often not regulated in the unincorporated areas
of the remaining counties. For example, San Antonio uses the 1994 Uniform
Fire Code to regulate the use of explosives. However, outside the city
limits, but within Bexar County, there are no regulations for explosives.
In Harris County, the sheriff may propose rules to regulate the
production, distribution, transport, transfer, use, and possession of an
explosive in the county. The purpose of these rules is to enforce
standards concerning the manufacture, transportation, transfer, use,
handling, and storage of explosives as is necessary for the protection of
public health, welfare, or safety and of persons possessing, handling and
using explosives. S.B. 489 would require persons, in a county with a
population of one million or more, to obtain a permit from the county fire
marshall before the person may produce, distribute, transport, use, or
possess an explosive, or maintain a permanent storage magazine within that
county. 

PURPOSE

This legislation outlines provisions regarding the authority of sheriffs
in certain counties to regulate certain activities involving explosives. 

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 236.001(a), Local Government Code, to provide
that this Chapter 236, relating to applicability, applies only to a county
with a population of one, rather than two, million or more. 

SECTION 2. Amends Section 236.003, Local Governement Code, to change the
agent from the sheriff to the county fire marshall. 

SECTION 3. Amends Section 236.004(a), Local Government Code, to change the
regulatory agent from the sheriff to the county fire marshall. 

SECTION 4. Amends Section 236.005, Local Government Code, to change the
regulatory agent from the sheriff to the county fire marshall. 

SECTION 5. Amends the chapter heading of Section 236, Local Government
Code, to change the regulatory agent from the sheriff to the county fire
marshall. 

SECTION 6. States that the legislation makes no change to certain actions
cegan before the effective date of this legislation.   

SECTION 7. Effective date.

SECTION 8. Emergency Clause.

 COMPARISON OF ORIGINAL TO SUBSTITUTE

The substitute changes the original by making the agent responsible for
enforcing this Act the sheriff, rather than the county fire marshall.