SRC-PNG S.B. 605 76(R)   BILL ANALYSIS


Senate Research Center   S.B. 605
76R6550 CAG-DBy: Lindsay
Intergovernmental Relations
3/8/1999
As Filed


DIGEST 

Currently, Texas law authorizes cities, but not counties, to regulate
fireworks.  This bill provides for the regulation of fireworks by certain
counties and creates a criminal penalty for violations. 

PURPOSE

As proposed, S.B. 605 provides for the regulation of fireworks by certain
counties and creates a criminal penalty for violations. 

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 Chapter 240Z, Local Government Code, by adding Section
240.9045, as follows: 

Sec.  240.9045.  ADDITIONAL COUNTY REGULATION OF FIREWORKS.  Provides that
this section applies only to a county with a population of two million or
more.  Defines "fireworks."  Provides that this section does not apply to
certain products.  Authorizes the commissioners court of a county to
prohibit or otherwise regulate the sale, possession, or use of fireworks in
any part of the unincorporated area of the county.  Provides that this
authority is in addition to the county's authority to regulate fireworks
under Section 240.904.  Requires a person selling fireworks in a county
that has adopted an order under Subsection (b) to provide reasonable notice
of the order and any area where the sale, possession, or use of fireworks
is prohibited or regulated under Subsection (d), at every location at which
the person sells fireworks.  Requires a commissioners court that adopts an
order under Subsection (d) to send a copy of the order to the state fire
marshal by a certain date.  Requires the state fire marshal to send a copy
of each order received under Subsection (f) to each licensed manufacturer,
distributor, and jobber in the affected county by a certain date. Provides
that a person commits a Class C misdemeanor if a person knowingly violates
a prohibition or other regulation established by an order adopted under
this section. 

SECTION 2. Emergency clause.
  Effective date: upon passage.