H.B. 3135 78(R)    BILL ANALYSIS


H.B. 3135
By: Olivo
County Affairs
Committee Report (Unamended)



BACKGROUND AND PURPOSE 
Under current law, a county can regulate the use of fireworks only during
drought conditions. Under HB 3135, a person who knowingly or intentionally
discharge fireworks within a county with a population of 3.3 million or
more and those counties that surround that area commits a Class C
misdemeanor.  

RULEMAKING AUTHORITY

It is the committee's opinion that this bill does not expressly grant any
additional rulemaking authority to a state officer, department, agency, or
institution. 

ANALYSIS
Amends Subchapter C, Chapter 352 of the Local Government Code by adding
Section 352.053 giving counties additional regulation of certain
fireworks.  This section applies to counties with a population of 3.3
million or more and those counties that surround that area.  This bill
gives the commissioners court the authority to prohibit or regulate the
sale, possession, or use of fireworks in any part of the unincorporated
area of the county.  

In addition, a person selling fireworks in the county shall provide
reasonable notice of both the order and area where the sale, possession,
or use of fireworks is prohibited.   

The commissioner's court shall send a copy of the order to the state fire
marshal not later than the 30th day after the order is adopted.  Upon
receipt of the order, the state fire marshal shall send a copy of each
order to each licensed manufacturer, distributor and jobber in the
affected county. 

An offense under this subsection is a Class C misdemeanor.

EFFECTIVE DATE
This Act takes effect immediately if it secures a two-thirds vote of all
members elected to each house.   If the two-thirds vote is not received,
then the effective date is September 1, 2003.