BILL ANALYSIS

H.B. 2259

By: Cain

Insurance

Committee Report (Unamended)

BACKGROUND AND PURPOSE

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.

CRIMINAL JUSTICE IMPACT

It is the committee's opinion that this bill does not expressly create a criminal offense, increase the punishment for an existing criminal offense or category of offenses, or change the eligibility of a person for community supervision, parole, or mandatory supervision.

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

H.B. 2259 amends the Occupations Code to remove the authorization for retail fireworks permits to be purchased from a licensed manufacturer, distributor, or jobber or from the state fire marshal's office and repeals provisions relating to that process. The bill requires the commissioner of insurance instead to provide for the sale of those permits through a website and authorizes a person to purchase a permit on that website. The bill requires the Texas Department of Insurance to post a link to the permit website on its website.

H.B. 2259 repeals Sections 2154.202(d) and (f), Occupations Code.

EFFECTIVE DATE

September 1, 2023.