Texas 2023 - 88th Regular

Texas House Bill HB288

Filed
11/14/22  
Out of Senate Committee
 
Voted on by Senate
 
Governor Action
 
Bill Becomes Law
 

Caption

Relating to requirements for fireworks sales buildings of indoor retail fireworks sites in certain counties.

Impact

If enacted, HB288 would impact existing building and safety statutes related to fireworks sales, particularly affecting how and where fireworks can be sold in densely populated areas. The bill demands that any fireworks sales building constructed after September 1, 2023, maintain a minimum distance from inhabited buildings, possess one-hour fire-rated exterior walls, and be equipped with automatic fire sprinkler systems. These requirements aim to mitigate risks to nearby residential properties and enhance overall public safety.

Summary

House Bill 288, introduced by Representative Cortez, seeks to amend the regulations concerning fireworks sales buildings, specifically targeting indoor retail fireworks sites in large Texas counties. The bill stipulates that these buildings must adhere to specific fire safety measures if located in or adjacent to residential areas governed by a property owners association, specifically in counties with populations exceeding 1.5 million, where over 75 percent of residents live in a single municipality. This targeted approach aims to enhance safety standards in densely populated regions, reflecting growing concerns over fire hazards associated with the storage and sale of fireworks.

Sentiment

Discussions on HB288 reflected a mixed sentiment among legislators and stakeholders. Supporters of the bill, which included various safety advocates, expressed approval of its intent to bolster fire safety measures in communities that face increased risks due to nearby fireworks sales. On the contrary, there was also apprehension from some members regarding potential over-regulation, hinting at concerns that these stipulations might impose economic burdens on small retailers trying to comply with stringent new requirements.

Contention

The central contention surrounding HB288 revolves around two main themes: community safety and regulatory balance. Proponents argue that such regulations are crucial in high-density areas to ensure that the risks associated with fireworks are effectively managed. However, critics caution that imposing such stringent requirements could disproportionately affect small businesses engaged in the retail fireworks market, potentially limiting their ability to operate. The debate highlights a significant tension between ensuring public safety and fostering a conducive environment for local businesses.

Texas Constitutional Statutes Affected

Occupations Code

  • Chapter 2154. Regulation Of Fireworks And Fireworks Displays
    • Section: 221

Companion Bills

No companion bills found.

Previously Filed As

TX SB1896

Relating to the requirements for and inspection of a retail fireworks site.

TX HB3907

Relating to certain requirements of retail fireworks sites and inspections of those sites and assessment and collection of certain existing inspection fees by local fire prevention officers.

TX HB2085

Relating to fireworks sales to the public by retail fireworks permit holders in certain counties.

TX AB3065

Fireworks: retail sales.

TX HB1629

Relating to fireworks sales to the public by retail fireworks permit holders in certain counties.

TX SB1308

Fireworks; aerial devices; retailers; licensure

TX HB2724

Permitting a fireworks retailer to sell fireworks at any time during the calendar year.

TX SB794

Fireworks: fireworks stewardship program.

TX SB174

Modifies provisions relating to fireworks protections

TX SB999

Relating To Fireworks.

Similar Bills

No similar bills found.