BILL ANALYSIS Senate Research Center H.B. 1727 81R20902 EAH-F By: Smith, Wayne, Lucio III (Nichols) Intergovernmental Relations 5/11/2009 Engrossed AUTHOR'S / SPONSOR'S STATEMENT OF INTENT In Texas, consumers may receive a citation for possessing fireworks within the limits of a municipality while transporting fireworks to a final destination for use. In many cases, consumers have purchased fireworks and have been pulled over immediately when the road to their home (in an area where fireworks use is legal) briefly passes through a municipal limit. This bill protects consumers by prohibiting the governing body of a municipality from restricting the transportation of fireworks as long as they are in their original packaging. H.B. 1727 amends current law relating to the transport of fireworks within a municipality. 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 Chapter 342, Local Government Code, by adding Subchapter Z, as follows: SUBCHAPTER Z. MISCELLANEOUS PROVISIONS Sec. 342.901. TRANSPORT OF FIREWORKS. Provides that the transport of fireworks in unopened and original packaging may not be prohibited or regulated. SECTION 2. Effective date: upon passage or September 1, 2009. BILL ANALYSIS Senate Research Center H.B. 1727 81R20902 EAH-F By: Smith, Wayne, Lucio III (Nichols) Intergovernmental Relations 5/11/2009 Engrossed AUTHOR'S / SPONSOR'S STATEMENT OF INTENT In Texas, consumers may receive a citation for possessing fireworks within the limits of a municipality while transporting fireworks to a final destination for use. In many cases, consumers have purchased fireworks and have been pulled over immediately when the road to their home (in an area where fireworks use is legal) briefly passes through a municipal limit. This bill protects consumers by prohibiting the governing body of a municipality from restricting the transportation of fireworks as long as they are in their original packaging. H.B. 1727 amends current law relating to the transport of fireworks within a municipality. 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 Chapter 342, Local Government Code, by adding Subchapter Z, as follows: SUBCHAPTER Z. MISCELLANEOUS PROVISIONS Sec. 342.901. TRANSPORT OF FIREWORKS. Provides that the transport of fireworks in unopened and original packaging may not be prohibited or regulated. SECTION 2. Effective date: upon passage or September 1, 2009.