Texas 2013 - 83rd Regular

Texas House Bill HB3429

Voted on by House
 
Out of Senate Committee
 
Voted on by Senate
 
Governor Action
 
Bill Becomes Law
 

Caption

Relating to the regulation of fireworks during a drought and under a declaration of local disaster.

Impact

The implications of HB3429 extend to local governance and public safety mandates. By granting authority to counties, through their commissioners' courts, to prohibit or limit the use of restricted fireworks based on the drought conditions determined by the Texas Forest Service, the bill centralizes responsibility for fire safety within local jurisdictions. Furthermore, it creates provisions for counties to establish designated 'safe areas' for the use of fireworks, which could serve to minimize risks related to fire incidents. This legislation represents a proactive change aimed at preventing fire-related emergencies during high-risk periods.

Summary

House Bill 3429 addresses the regulation of fireworks in Texas during periods of drought or under a declaration of local disaster. The bill amends Section 352.051 of the Local Government Code to establish clear definitions and criteria for 'restricted fireworks' and 'drought conditions.' Specifically, it empowers the Texas Forest Service to assess drought levels based on the Keetch-Byram Drought Index, which serves as a threshold for counties to restrict or prohibit the sale and use of certain types of fireworks. This legislative action reflects a growing concern over fire hazards associated with fireworks during dry conditions, ensuring enhanced public safety.

Sentiment

The sentiment surrounding HB3429 appears to be largely supportive, with the bill viewed favorably by those prioritizing public safety in the face of environmental risks. Advocates, including local officials and fire safety organizations, emphasize the necessity of these regulations to protect communities during drought conditions. Conversely, there may be concerns from fireworks vendors and enthusiasts regarding restrictions on their ability to celebrate occasions with fireworks, indicating a tension between safety measures and personal liberties.

Contention

Notable contention regarding HB3429 may arise from the balance between state regulatory authority and local governance. While proponents champion the bill as a vital step for protecting communities from fire hazards, critics may argue that it imposes undue limitations on individual freedom to use fireworks during traditional celebration periods. The bill's provision for civil actions, as well as penalties for violations, may also prompt discussions about enforcement and potential conflicts between local enforcement actions and community norms.

Companion Bills

No companion bills found.

Previously Filed As

TX HB608

Relating to the sale of fireworks before and during the Diwali holiday.

TX SB275

Relating to the sale of fireworks before and during the Diwali holiday.

TX HB439

Relating to the sale of fireworks on and before the Labor Day holiday in certain counties.

TX HB3590

Relating to the sale of fireworks on and before the Juneteenth holiday in certain counties.

TX HB4440

Relating to state and local government responses to a pandemic disaster, including the establishment of the Pandemic Disaster Legislative Oversight Committee.

TX SB1104

Relating to the authority of the legislature, governor, and certain political subdivisions with respect to disasters and emergencies.

TX HB2654

Relating to the authority of the legislature, governor, and certain political subdivisions with respect to disasters and emergencies.

TX HB257

Relating to the dates a retail fireworks permit holder may sell fireworks to the public.

TX HB1103

Relating to the dates a retail fireworks permit holder may sell fireworks to the public.

TX HB2085

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

Similar Bills

AZ SB1220

Fireworks; sale; use; restrictions

AZ HB2255

Fireworks; permissible use; Diwali.

AZ HB2226

Fireworks; use; overnight hours; prohibition.

AZ SB1275

Fireworks; use; overnight hours; prohibition

AZ SB1188

Regulation; permissible consumer fireworks

AZ SB1452

Fireworks; permissible use; Diwali

AZ SB1308

Fireworks; aerial devices; retailers; licensure

AZ SB1284

Fireworks; aerials; licensure; penalties