SRC-JXG S.B. 939 76(R)BILL ANALYSIS


Senate Research CenterS.B. 939
By: Armbrister
Intergovernmental Relations
6/29/1999
Enrolled


DIGEST 

Currently, Texas law authorizes the commissioners court of a county to
prohibit the use of aerial fireworks, upon determination that drought
conditions exist. During the 72nd Legislature, legislation authorizing
counties to prohibit or restrict the use of skyrockets with sticks and
missiles passed. Since passage of this legislation, the counties and
fireworks industry agree that changes are necessary to regulate more
stringently ability of all counties to prohibit the use and sale of certain
aerial fireworks during drought conditions. In 1997, H.B. 2049 authorized
the Texas Forest Service to determine if a county faced drought conditions
passed. Drought conditions are measured by objective scientific information
and the use of the Keetch-Byram Index, a widely accepted method for
measuring the lack of moisture in the soil. S.B. 939 will allow a county to
prohibit or restrict the sale or use of certain fireworks, and will also
create a Fireworks Safety and Education Program to be approved by the
commissioner of insurance and to be funded by additional fees collected
from the retailer, manufacturer, distributor, and jobber's licenses. 

PURPOSE

As enrolled, S.B. 939 prohibits the sale or use of certain restricted
fireworks, and creates a fireworks safety and education program. 

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 240.904, Local Government Code, as follows:

 Sec. 240.904. New heading: REGULATION OF RESTRICTED FIREWORKS.

SECTION 2. Amends Section 240.904(a)(1), Local Government Code, to redefine
"restricted fireworks." Deletes text regarding pyrotechnic devices. 

SECTION 3. Amends Sections 240.904(c), (f), and (g), Local Government Code,
to authorize the commissioners court by order to prohibit or restrict the
sale or use of restricted fireworks, rather than certain aerial fireworks,
in all or a portion of the unincorporated area of the county. Requires a
person selling any type of fireworks, including restricted fireworks, in a
county that has adopted an order under Subsection (c) to provide notice of
any location designated as a safe area. Makes conforming and nonsubstantive
changes. 

SECTION 4. Amends Article 5.43-4, Insurance Code, by adding Section 16B, as
follows: 

Sec. 16B. FIREWORKS SAFETY AND EDUCATION PROGRAM. Requires the commissioner
of insurance (commissioner) to establish a fireworks safety and education
program (program). Requires the program to provide information relating to
the proper and safe use of fireworks and the dangers of the improper use of
fireworks. Requires a program established under this section to be
administered by the advisory council established under Section 5B of this
article. Authorizes the program to include any method of communicating the
need for safe use of fireworks and the dangers of improper use. Requires
the  commissioner to approve a program the advisory council proposes to
present. Requires the holder of a certain license to pay a fee, in addition
to any other license fee, in a certain amount, in order to fund the program
established under this section. Authorizes funds collected under Subsection
(c) of this section to be used only by the commissioner for purposes of
this section. 

SECTION 5. Effective date: September 1, 1999. Provides that Section 16B,
Article 5.43-4, Insurance Code, as added by this Act, applies only to the
issuance of or renewal of a retail permit or manufacturer's, distributor's,
or jobber's license issued or renewed on or after September 1, 1999. 

SECTION 6. Emergency clause.