AN ACT
1-1 relating to the regulation of explosives by a county fire marshal
1-2 in certain counties.
1-3 BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
1-4 SECTION 1. Subsection (a), Section 236.001, Local Government
1-5 Code, is amended to read as follows:
1-6 (a) This chapter applies only to a county with a population
1-7 of one [two] million or more.
1-8 SECTION 2. Section 236.003, Local Government Code, is
1-9 amended to read as follows:
1-10 Sec. 236.003. AUTHORITY TO REGULATE; ADOPTION OF RULES.
1-11 (a) Except as provided by Subsection (b), the commissioners court
1-12 of the county by order may authorize the county fire marshal
1-13 [sheriff] of a county to:
1-14 (1) propose rules to implement this chapter; and
1-15 (2) in accordance with the rules proposed by the
1-16 county fire marshal [sheriff] and adopted by the commissioners
1-17 court under this chapter:
1-18 (A) regulate the production, distribution,
1-19 transport, transfer, use, and possession of an explosive in the
1-20 county; and
1-21 (B) enforce standards concerning the
1-22 manufacture, transportation, transfer, use, handling, and storage
1-23 of explosives as necessary for the protection of the public health,
2-1 welfare, or safety and of persons possessing, handling, and using
2-2 explosives.
2-3 (b) The commissioners court may not adopt a rule under this
2-4 chapter that:
2-5 (1) authorizes the county fire marshal [sheriff] to
2-6 regulate the transportation of explosives if the point of origin
2-7 and the destination are outside the county; or
2-8 (2) regulates a product or activity licensed or
2-9 regulated under Article 5.43-4, Insurance Code, or a rule adopted
2-10 under that article.
2-11 (c) Rules proposed by the county fire marshal [sheriff], if
2-12 adopted by the commissioners court, must include:
2-13 (1) the requirement that a person obtain a permit from
2-14 the county fire marshal [sheriff] in accordance with this chapter
2-15 before the person may:
2-16 (A) produce, distribute, transport, use, or
2-17 possess an explosive; or
2-18 (B) maintain a permanent storage magazine;
2-19 (2) the establishment of procedures for permit
2-20 application and renewal;
2-21 (3) the establishment of procedures that include
2-22 notice to the permit holder and an opportunity for a hearing, for
2-23 permit revocation or suspension if the permit holder violates this
2-24 chapter or a rule adopted under this chapter;
2-25 (4) the establishment of fees in accordance with this
3-1 chapter for the issuance of the permits;
3-2 (5) the requirement that persons who produce or
3-3 transfer explosives keep records of the explosives produced or
3-4 transferred; and
3-5 (6) the requirement that a label be affixed to each
3-6 unit of explosive in the county stating the type, class, and serial
3-7 or control number of the explosive.
3-8 (d) The rules may not conflict with generally accepted
3-9 standards of safety concerning explosives and must conform to
3-10 published standards of the Institute of Makers of Explosives.
3-11 (e) The county fire marshal [sheriff] shall provide a copy
3-12 of the rules to a person on request and may assess a reasonable fee
3-13 for the copy.
3-14 SECTION 3. Subsection (a), Section 236.004, Local Government
3-15 Code, is amended to read as follows:
3-16 (a) In a county in which the county fire marshal [sheriff]
3-17 regulates explosives under this chapter, a person, including a
3-18 common, contract, or private carrier, may not produce, distribute,
3-19 transport, transfer, use, or possess an explosive without a permit
3-20 issued in accordance with this chapter.
3-21 SECTION 4. Section 236.005, Local Government Code, is
3-22 amended to read as follows:
3-23 Sec. 236.005. PERMIT FEES. (a) The county fire marshal
3-24 [sheriff] of a county who regulates explosives under this chapter
3-25 may assess the fees for the issuance or renewal of a permit under
4-1 this chapter in reasonable amounts set by the commissioners court.
4-2 (b) The county fire marshal [sheriff] shall remit all fees
4-3 received under this chapter to the county treasurer to be deposited
4-4 to the credit of the general fund of the county.
4-5 SECTION 5. The chapter heading to Chapter 236, Local
4-6 Government Code, is amended to read as follows:
4-7 CHAPTER 236. REGULATION OF EXPLOSIVES BY COUNTY FIRE MARSHAL
4-8 [SHERIFF] IN CERTAIN COUNTIES
4-9 SECTION 6. (a) A rule proposed by the sheriff and adopted
4-10 by the commissioners court under Chapter 236, Local Government
4-11 Code, before the effective date of this Act remains in effect as a
4-12 rule enforced by the county fire marshal until superseded by a rule
4-13 adopted by the commissioners court.
4-14 (b) A permit under Chapter 236, Local Government Code, that
4-15 is valid on the effective date of this Act remains valid until it
4-16 expires or until the county fire marshal suspends or revokes the
4-17 permit.
4-18 (c) A proceeding to suspend or revoke a permit issued by a
4-19 sheriff under Chapter 236, Local Government Code, before the
4-20 effective date of this Act that is pending on the effective date of
4-21 this Act is transferred without change in status to the county fire
4-22 marshal on the effective date of this Act.
4-23 (d) All records relating to permits issued by the sheriff
4-24 under Chapter 236, Local Government Code, before the effective date
4-25 of this Act are transferred to the county fire marshal on the
5-1 effective date of this Act.
5-2 (e) A criminal proceeding under Section 236.006, Local
5-3 Government Code, pending on the effective date of this Act is not
5-4 affected by the change in law made in this Act.
5-5 SECTION 7. This Act takes effect September 1, 1997.
5-6 SECTION 8. The importance of this legislation and the
5-7 crowded condition of the calendars in both houses create an
5-8 emergency and an imperative public necessity that the
5-9 constitutional rule requiring bills to be read on three several
5-10 days in each house be suspended, and this rule is hereby suspended.
_______________________________ _______________________________
President of the Senate Speaker of the House
I hereby certify that S.B. No. 489 passed the Senate on
April 14, 1997, by the following vote: Yeas 30, Nays 0; and that
the Senate concurred in House amendment on May 26, 1997, by a
viva-voce vote.
_______________________________
Secretary of the Senate
I hereby certify that S.B. No. 489 passed the House, with
amendment, on May 23, 1997, by a non-record vote.
_______________________________
Chief Clerk of the House
Approved:
_______________________________
Date
_______________________________
Governor