BILL ANALYSIS

 

 

Senate Research Center

H.B. 2259

88R7398 PRL-F

By: Cain (Middleton)

 

Business & Commerce

 

5/16/2023

 

Engrossed

 

 

 

AUTHOR'S / SPONSOR'S STATEMENT OF INTENT

 

Current law allows retail fireworks permits to be purchased directly from the State Fire Marshal's Office (SFMO) or from licensed manufacturers, distributors, or jobbers, who may obtain fireworks permits from SFMO at any time in books containing 20 permits each. These books, which contain carbon copies of each permit sold, are cumbersome for the industry and SFMO. The information in the books has to be manually typed in, which slows the process, causes delay in SFMO's receipt of information on fireworks stands, is subject to data entry errors, and requires SFMO to process refunds on unused permits in a slow, outmoded way. SFMO already has an electronic permit process in place, but requests are still accepted for paper books.

 

H.B. 2259 seeks to streamline the process by providing for all retail fireworks permits to be sold online.

 

H.B. 2259 amends current law relating to the sale and purchase of retail fireworks permits.

 

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 Section 2154.202(c), Occupations Code, as follows:

 

(c) Requires the commissioner of insurance (commissioner) to provide for the sale of a retail fireworks permit through an Internet website. Authorizes a person to purchase a permit on the website. Requires the Texas Department of Insurance (TDI) to post a link to the website on TDI's Internet website. Deletes existing text authorizing a retail fireworks permit to be purchased from a licensed manufacturer, distributor, or jobber or from the state fire marshal's office.

 

SECTION 2. Repealers: Sections 2154.202(d) (relating to authorizing a licensed manufacturer, distributor, or jobber to obtain retail fireworks permits from the commissioner at any time) and (f) (relating to authorizing an outdated permit to be exchanged for a current permit only in the year following the permit's expiration), Occupations Code.

 

SECTION 3. Effective date: September 1, 2023.