75R14944 DRH-D                          

         By Madla                                               S.B. No. 489

         Substitute the following for S.B. No. 489:

         By Christian                                       C.S.S.B. No. 489

                                A BILL TO BE ENTITLED

 1-1                                   AN ACT

 1-2     relating to the regulation of explosives by a county fire marshal

 1-3     in certain counties.

 1-4           BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:

 1-5           SECTION 1.  Section 236.001(a), Local Government Code, is

 1-6     amended to read as follows:

 1-7           (a)  This chapter applies only to a county with a population

 1-8     of one [two] million or more.

 1-9           SECTION 2.  Section 236.003, Local Government Code, is

1-10     amended to read as follows:

1-11           Sec. 236.003.  AUTHORITY TO REGULATE; ADOPTION OF RULES.

1-12     (a)  Except as provided by Subsection (b), the commissioners court

1-13     of the county by order may authorize the county fire marshal

1-14     [sheriff] of a county to:

1-15                 (1)  propose rules to implement this chapter; and

1-16                 (2)  in accordance with the rules proposed by the

1-17     county fire marshal [sheriff] and adopted by the commissioners

1-18     court under this chapter:

1-19                       (A)  regulate the production, distribution,

1-20     transport, transfer, use, and possession of an explosive in the

1-21     county; and

1-22                       (B)  enforce standards concerning the

1-23     manufacture, transportation, transfer, use, handling, and storage

1-24     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

2-26     chapter for the issuance of the permits;

2-27                 (5)  the requirement that persons who produce or

 3-1     transfer explosives keep records of the explosives produced or

 3-2     transferred; and

 3-3                 (6)  the requirement that a label be affixed to each

 3-4     unit of explosive in the county stating the type, class, and serial

 3-5     or control number of the explosive.

 3-6           (d)  The rules may not conflict with generally accepted

 3-7     standards of safety concerning explosives and must conform to

 3-8     published standards of the Institute of Makers of Explosives.

 3-9           (e)  The county fire marshal [sheriff] shall provide a copy

3-10     of the rules to a person on request and may assess a reasonable fee

3-11     for the copy.

3-12           SECTION 3.  Section 236.004(a), Local Government Code, is

3-13     amended to read as follows:

3-14           (a)  In a county in which the county fire marshal [sheriff]

3-15     regulates explosives under this chapter, a person, including a

3-16     common, contract, or private carrier, may not produce, distribute,

3-17     transport, transfer, use, or possess an explosive without a permit

3-18     issued in accordance with this chapter.

3-19           SECTION 4.  Section 236.005, Local Government Code, is

3-20     amended to read as follows:

3-21           Sec. 236.005.  PERMIT FEES.  (a)  The county fire marshal

3-22     [sheriff] of a county who regulates explosives under this chapter

3-23     may assess the fees for the issuance or renewal of a permit under

3-24     this chapter in reasonable amounts set by the commissioners court.

3-25           (b)  The county fire marshal [sheriff] shall remit all fees

3-26     received under this chapter to the county treasurer to be deposited

3-27     to the credit of the general fund of the county.

 4-1           SECTION 5.  The chapter heading to Chapter 236, Local

 4-2     Government Code, is amended to read as follows:

 4-3        CHAPTER 236.  REGULATION OF EXPLOSIVES BY COUNTY FIRE MARSHAL

 4-4                        [SHERIFF] IN CERTAIN COUNTIES

 4-5           SECTION 6.  (a)  A rule proposed by the sheriff and adopted

 4-6     by the commissioners court under Chapter 236, Local Government

 4-7     Code, before the effective date of this Act remains in effect as a

 4-8     rule enforced by the county fire marshal until superseded by a rule

 4-9     adopted by the commissioners court.

4-10           (b)  A permit under Chapter 236, Local Government Code, that

4-11     is valid on the effective date of this Act remains valid until it

4-12     expires or until the county fire marshal suspends or revokes the

4-13     permit.

4-14           (c)  A proceeding to suspend or revoke a permit issued by a

4-15     sheriff under Chapter 236, Local Government Code, before the

4-16     effective date of this Act that is pending on the effective date of

4-17     this Act is transferred without change in status to the county fire

4-18     marshal on the effective date of this Act.

4-19           (d)  All records relating to permits issued by the sheriff

4-20     under Chapter 236, Local Government Code, before the effective date

4-21     of this Act are transferred to the county fire marshal on the

4-22     effective date of this Act.

4-23           (e)  A criminal proceeding under Section 236.006, Local

4-24     Government Code, pending on the effective date of this Act is not

4-25     affected by the change in law made in this Act.

4-26           SECTION 7.  This Act takes effect September 1, 1997.

4-27           SECTION 8.  The importance of this legislation and the

 5-1     crowded condition of the calendars in both houses create an

 5-2     emergency and an imperative public necessity that the

 5-3     constitutional rule requiring bills to be read on three several

 5-4     days in each house be suspended, and this rule is hereby suspended.