SRC-TNM S.B. 489 75(R)    BILL ANALYSIS


Senate Research CenterS.B. 489
By: Madla
Intergovernmental Relations
4-3-97
As Filed


DIGEST 

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 sheriff
before the person may produce, distribute, transport, use, or possess an
explosive, or maintain a permanent storage magazine within that county. 

PURPOSE

As proposed, S.B. 489 outlines provisions regarding the authority of
sheriffs in certain counties to regulate certain activities involving
explosives. 

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 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. Emergency clause.
  Effective date: upon passage.