SRC-MSY S.B. 693 78(R)   BILL ANALYSIS


Senate Research Center   S.B. 693
By: Gallegos
State Affairs
3/12/2003
As Filed


DIGEST AND PURPOSE 

Current Texas law contains no uniform standards for the use of flame
effects or pyrotechnics.  As proposed, S.B. 693 adopts standards set forth
by the National Fire Protection Association and incorporates them into the
Occupations Code in order to create statewide standards and procedures to
be applied to the use of flame effects and pyrotechnics in Texas.
Specifically, S.B. 693 prohibits the use of such effects unless a relevant
authority puts certain requirements in place and approves of the use of
the effects, and requires the presence of a standby fire watch under
certain circumstances. 

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 Title 13, Chapter 2154, Occupations Code, by adding
Section 2154.253, as follows: 

Sec.  2154.253.  PROHIBITED USE OF FLAME EFFECTS AND/OR PYROTECHNICS. (a)
Defines "approved," "approving authority," "assembly," "flame effect,"
"pyrotechnics," and "standby fire watch." 

(b)  Provides that this section applies to flame effects and/or
pyrotechnics used in theatrical performances, entertainment, exhibition,
demonstration, or simulation before an assembly.  Provides that this
section shall apply to certain specific  situations. 

(c)  Prohibits the use of flame effects and/or pyrotechnics before an
assembly unless approved by the approving authority as designated by this
section. 

(d)  Authorizes the approving authority for the jurisdiction covering the
assembly to promulgate standards, codes, or regulations regarding the
requirements necessary to acquire a permit for the use of flame effects
and/or pyrotechnics before an assembly. Requires the presence of a standby
fire watch under certain circumstances, if the jurisdiction promulgates
such standards, codes, or regulations. 

(e)  Provides that a person commits an offense if the person violates this
section. Provides that an offense under this section is a Class A
misdemeanor, and that each day a violation occurs or continues to occur
constitutes a separate offense.  Provides that venue under this section is
in the county in which the offense is committed or in Travis County. 

(f)  Prohibits this chapter from invalidating a municipal or county
ordinance, order, or rule in effect on September 1, 2003. 

 (g)  Prohibits this section from limiting or restricting the authority of
a county, where authorized by law, or a municipality to enact an ordinance
or order prohibiting or further regulating flame effects and/or
pyrotechnics. 

SECTION 2.  Effective date:  September 1, 2003.