BILL ANALYSIS H.B. 1183 By: Roberts County Affairs Committee Report (Unamended) BACKGROUND AND PURPOSE Interested parties note that the lack of authority for a governmental entity to restrict when fireworks can be used in the unincorporated area of a county can lead to problematic situations. H.B. 1183 seeks to address this issue by providing for county regulation of the use of fireworks in unincorporated areas. CRIMINAL JUSTICE IMPACT It is the committee's opinion that this bill expressly does one or more of the following: creates a criminal offense, increases the punishment for an existing criminal offense or category of offenses, or changes 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. 1183 amends the Local Government Code to authorize a commissioners court by order to prohibit the use of fireworks in the unincorporated area of the county during the hours specified by the order. The bill authorizes the order to include an exemption for holidays, including New Year's Eve and July 4, and a process by which a person may apply to the county for a permit to use fireworks during a time prohibited by the order. The bill creates a Class C misdemeanor offense for a person who intentionally or knowingly violates a prohibition adopted under the bill's provisions by the commissioners court. EFFECTIVE DATE On passage, or, if the bill does not receive the necessary vote, September 1, 2017.
BILL ANALYSIS
# BILL ANALYSIS
H.B. 1183
By: Roberts
County Affairs
Committee Report (Unamended)
H.B. 1183
By: Roberts
County Affairs
Committee Report (Unamended)
BACKGROUND AND PURPOSE Interested parties note that the lack of authority for a governmental entity to restrict when fireworks can be used in the unincorporated area of a county can lead to problematic situations. H.B. 1183 seeks to address this issue by providing for county regulation of the use of fireworks in unincorporated areas.
CRIMINAL JUSTICE IMPACT It is the committee's opinion that this bill expressly does one or more of the following: creates a criminal offense, increases the punishment for an existing criminal offense or category of offenses, or changes 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. 1183 amends the Local Government Code to authorize a commissioners court by order to prohibit the use of fireworks in the unincorporated area of the county during the hours specified by the order. The bill authorizes the order to include an exemption for holidays, including New Year's Eve and July 4, and a process by which a person may apply to the county for a permit to use fireworks during a time prohibited by the order. The bill creates a Class C misdemeanor offense for a person who intentionally or knowingly violates a prohibition adopted under the bill's provisions by the commissioners court.
EFFECTIVE DATE On passage, or, if the bill does not receive the necessary vote, September 1, 2017.
BACKGROUND AND PURPOSE
Interested parties note that the lack of authority for a governmental entity to restrict when fireworks can be used in the unincorporated area of a county can lead to problematic situations. H.B. 1183 seeks to address this issue by providing for county regulation of the use of fireworks in unincorporated areas.
CRIMINAL JUSTICE IMPACT
It is the committee's opinion that this bill expressly does one or more of the following: creates a criminal offense, increases the punishment for an existing criminal offense or category of offenses, or changes 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. 1183 amends the Local Government Code to authorize a commissioners court by order to prohibit the use of fireworks in the unincorporated area of the county during the hours specified by the order. The bill authorizes the order to include an exemption for holidays, including New Year's Eve and July 4, and a process by which a person may apply to the county for a permit to use fireworks during a time prohibited by the order. The bill creates a Class C misdemeanor offense for a person who intentionally or knowingly violates a prohibition adopted under the bill's provisions by the commissioners court.
EFFECTIVE DATE
On passage, or, if the bill does not receive the necessary vote, September 1, 2017.