SRC-JJJ H.B. 947 76(R)   BILL ANALYSIS


Senate Research Center   H.B. 947
By: Palmer (Harris)
Criminal Justice
5/13/1999
Engrossed


DIGEST 

Fireworks violations increase during the holiday seasons, especially around
the Fourth of July. Fires started from fireworks have damaged grass,
dwellings, barns, and vehicles. State fireworks regulations classify all
fireworks violations as Class B misdemeanors which require arrest and
filing of cases through the district attorney's (DA) office, placing a
burden on fire departments and the DA's office. H.B. 947 classifies the
most common fireworks offenses as Class C misdemeanors, except where
property damage exceeds $200. This allows authorities to write citations at
the scene instead of having to make arrests and file a case with the DA's
office.  

PURPOSE

As proposed, H.B. 947 establishes provisions regarding the criminal penalty
for a violation of law relating to the regulation 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 an offense under this section is a Class B misdemeanor, except as
provided by Subsections (g) and (h) of this section. Provides that a
violation of Section 17(f)(1), (2), (3), (4), or (5) of this article is a
Class C misdemeanor, except as provided by Subsection (h) of this section.
Establishes that if it is shown at the trial of an offense described by
Subsection (g) of this section that the act constituting the offense
resulted in property damage of at least $200 or more or in bodily injury or
death, the offense is a Class B misdemeanor.  Deletes text regarding an
offense that is a Class B misdemeanor.  Makes a conforming change. 

SECTION 2.  Makes application of this Act prospective.

SECTION 3.  Emergency clause.
  Effective date: upon passage.