SRC-JBJ S.B. 153 77(R)   BILL ANALYSIS


Senate Research Center   S.B. 153
77R2755 JMG-DBy: Lindsay
Intergovernmental Relations
01/18/2001
As Filed


DIGEST AND PURPOSE 

Currently, the sale and use of fireworks in populous areas that are outside
of incorporated areas are not regulated except in certain specific
conditions, such as in a time of drought.  As proposed, S.B. 153 authorizes
a county commissioners court in a county with a population of at least 2.8
million to regulate, by order, the sale, possession, and use of fireworks
in any part of the unincorporated area of the county. 

RULEMAKING AUTHORITY

This bill does not expressly 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.  (a) Provides
that this section applies only to a county with a population of 2.8 million
or more. 

  (b) Defines "fireworks."

  (c) Sets forth certain items to which this section does not apply.

(d) Authorizes the commissioners court of a county to prohibit or otherwise
regulate, by order, the sale, possession, or use of fireworks in any part
of the unincorporated area of the county to protect the public health or
safety. 

(e) Provides that the authority provided in this section is in addition to
the county's authority to regulate fireworks under Section 240.904. 

(f) Requires a person selling fireworks in a county that has adopted an
order under Subsection (d), at every location at which the person sells
fireworks in the county, to provide reasonable notice of the order and
reasonable notice of any area where the sale, possession, or use of
fireworks is prohibited or regulated under Subsection (d). 

(g) Requires a commissioners court that adopts an order under Subsection
(d) to send a copy of the order to the state fire marshal not later than
the 30th day after the date the order is adopted. 

(h) Requires the state fire marshal to send a copy of each order received
under Subsection (g) to each licensed manufacturer, distributor, and jobber
in the affected county not later than the 30th day after the date the fire
marshal receives the order. 

(i) Provides that a person commits an offense if the person knowingly
violates a prohibition or other regulation established by an order under
this section.  Provides that an offense under this subsection is a Class C
misdemeanor. 

 SECTION 2. Effective date:  upon passage or September 1, 2001.