Texas 2017 - 85th Regular

Texas House Bill HB3639

Caption

Relating to regulation of fireworks stands in certain counties; creating criminal offenses.

Impact

If enacted, HB 3639 would establish clear regulatory frameworks for firework sales in large counties, facilitating better public safety measures, especially during high-risk seasons. Counties would need to implement these regulations by specified deadlines prior to key fireworks seasons, promoting timely decision-making around firework usage. Additionally, the bill creates a Class C misdemeanor for individuals who violate restrictions set forth under these new regulations, thereby emphasizing the seriousness of compliance.

Summary

House Bill 3639 addresses the authority of counties to regulate the sale and use of fireworks, particularly focusing on populous counties with specific demographic characteristics. The bill allows counties with populations exceeding 1.5 million, where a significant majority of residents live in a single municipality, to impose restrictions or bans on fireworks sales and usage in unincorporated areas. The legislation emphasizes creating safe areas for fireworks when restrictions are in place, while outlining necessary notification procedures for vendors selling fireworks in these counties.

Sentiment

General sentiment surrounding HB 3639 appears to be split among policymakers and stakeholders. Proponents argue that enabling local governments to regulate fireworks will enhance public safety in densely populated areas, especially considering the risks associated with fire hazards. Conversely, opponents might argue that increased regulation could limit personal freedoms and economic opportunities for vendors, sparking a debate over the balance between public safety and individual rights.

Contention

The central point of contention regarding HB 3639 involves the balance between local authority and state oversight. Supporters claim that the ability to regulate fireworks locally allows for tailored responses to specific community needs, thus promoting safety effectively. Detractors could raise concerns about the potential for overly stringent regulations to arise, possibly leading to unfair enforcement against businesses and individuals. The discussions indicate a broader debate on the level of autonomy appropriate for local governments in relation to state laws.

Companion Bills

TX SB760

Relating to county authority to regulate fireworks.

Previously Filed As

TX SB760

Relating to county authority to regulate fireworks.

TX HB3557

Relating to the authority of a county to regulate certain fireworks during a drought.

TX HB152

Relating to the authority of the voters of certain counties to authorize the county to regulate the sale and use of fireworks; providing penalties.

Similar Bills

CA SB794

Fireworks: fireworks stewardship program.

AZ SB1479

Fireworks; aerials; licensure; penalties

AZ SB1284

Fireworks; aerials; licensure; penalties

CA SB277

Fireworks: dangerous fireworks: seizure: management.

CA AB1403

Public safety: fireworks: enforcement: funding.

KS SB199

Designating the existing fallen firefighters memorial within the Kansas firefighters museum in Wichita as the official fallen firefighters memorial of the state of Kansas and replacing the Kansas firefighters memorial advisory committee with the Kansas firefighter memorial council; defining the fireworks sales season for seasonal retailers of consumer fireworks, providing for year-round sales by permanent retailers of consumer fireworks, requiring permanent retailers to register with the state fire marshal.

CA AB2740

Fireworks: dangerous fireworks: seizure: management.

HI SB165

Relating To Fireworks