SRC-JLB H.B. 215 78(R)   BILL ANALYSIS


Senate Research Center   H.B. 215
78R1926 MXM-DBy: Hamric (Lindsay)
Intergovernmental Relations
5/9/2003
Engrossed


DIGEST AND PURPOSE 

Texas houses, property, and families are subject to fire damage and injury
due to unregulated use of fireworks in the unincorporated areas of Harris
County.  H.B. 215 allows a commissioners court of a county with a
population of 3.3 million or more to regulate the sale, possession, or use
of fireworks in any part of the unincorporated areas of such 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 Subchapter C, Chapter 352, Local Government Code, by
adding Section 352.053, as follows: 
 
Sec. 352.053.  ADDITIONAL COUNTY REGULATION OF FIREWORKS.  (a) Provides
that this section applies only to a county with a population of 3.3
million or more. 
 
  (b)  Defines "fireworks."

  (c)  Provides that this section does not apply to certain items.

(d)  Authorizes the commissioners court of a county by order, to protect
the public health or safety, to prohibit or otherwise regulate the sale,
possession, or use of fireworks in any part of the unincorporated area of
the county. 
 
(e)  Requires a person selling fireworks in a county that has adopted an
order under Subsection (d) to, at every location at which the person sells
fireworks in the county, 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). 
 
(f)  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. 
 
(g)  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 not later than the 30th day after the date
the fire marshal receives the order. 
 
(h)  Provides that a person commits an offense if the person knowingly
violates a prohibition or other regulation established by an order adopted
under this section. Provides that an offense under this subsection is a
Class C misdemeanor. 
 
SECTION 2.  Effective date:  upon passage or September 1, 2003.