HBA-CMT, AMW H.B. 339 77(R)    BILL ANALYSIS


Office of House Bill AnalysisH.B. 339
By: Hamric
County Affairs
4/8/2001
Introduced



BACKGROUND AND PURPOSE 

The unregulated use of fireworks can cause damage and injury to homes,
property, and families.  While the City of Houston currently has the
ability to regulate fireworks, the densely populated areas of
unincorporated Harris County do not enjoy the same protection.  House Bill
399 authorizes a commissioners court of a county with a population of 2.8
million or more to regulate the sale, possession, or use of fireworks in
any part of the unincorporated areas of the county. 

RULEMAKING AUTHORITY

It is the opinion of the Office of House Bill Analysis that this bill does
not expressly delegate any additional rulemaking authority to a state
officer, department, agency, or institution. 

ANALYSIS

House Bill 339 amends the Local Government Code to authorize the
commissioners court of a county with a population of 2.8 million or more by
order to prohibit or otherwise regulate the sale, possession, or use of
fireworks in any part of the unincorporated area of the county, in addition
to the county's authority to regulate restricted fireworks.  The bill
requires a person selling fireworks in a county that has adopted one of
these orders to provide, at every location at which the person sells
fireworks in that county, reasonable notice of the order and reasonable
notice of any area where the sale, possession, or use of fireworks is
prohibited or regulated.  The bill also requires the commissioners court to
send a copy of the order to the state fire marshal within 30 days after the
date the order is adopted, and requires the state fire marshal to send a
copy of the order to each licensed manufacturer, distributor, and jobber in
the affected county not later than 30 days after receiving the order.  The
bill provides that it is a Class C misdemeanor if a person knowingly
violates a prohibition or other regulation established by an order of the
commissioners court. 

EFFECTIVE DATE

On passage, or if the Act does not receive the necessary vote, the Act
takes effect September 1, 2001.