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You are here: Home . rules . 2004 . 1116-059
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Subchapter H. Storage and Sale of Fireworks

28 TAC §34.831

The Texas Department of Insurance proposes an amendment to §34.831 concerning the continuation of an advisory council for recommendation and development of rules relating to fireworks regulation. The amended section extends the specified duration of the advisory council from December 31, 2004 to December 31, 2008 . Pursuant to Occupations Code §2154.054, the Commissioner of Insurance is required to establish an advisory council to assist the commissioner in administering the regulations of fireworks and fireworks displays. The advisory council is appointed to periodically review rules relating to the program of fireworks regulation under Occupations Code Chapter 2154, to recommend changes in the rules to the commissioner, and to develop rules based on proposed changes received from the commissioner. Section 2110.008, Government Code, states that a state agency that is advised by an advisory council must establish a date by rule on which the advisory council will be abolished. An advisory council will automatically be abolished on the fourth anniversary of the date of creation unless the agency establishes a different date. To comply with the requirements of the Government Code, the proposed amendment will extend the advisory council until December 31, 2008 at which time it will be abolished unless the commissioner by rule extends its duration date. The proposed amendment is necessary to extend the duration of the advisory council until December 31, 2008 , which will allow it to continue to provide assistance to the commissioner regarding fireworks regulation, as well as provide advice on changes and development of fireworks rules.

Patricia Gilbert, Acting State Fire Marshal, has determined that for each year of the first five years that the proposal will be in effect, there will be no fiscal implications for state or local government as a result of enforcing or administering the section. Ms. Gilbert has also determined that there will be no adverse effect on local employment or the local economy.

Ms. Gilbert also has determined that for each year of the first five years the proposed section is in effect, the anticipated public benefit for extending the duration of the advisory council will be their continued assistance to the commissioner which promotes ongoing communication of the need for safe use of fireworks and the dangers of improper use, thus enhancing the safety of the citizens of Texas. Participation on the advisory council is voluntary; council members who must travel to attend meetings will incur some costs. These costs will vary depending on how far the member must travel to attend meetings, what type of transportation is used, whether lodging is needed, what choice of lodging is made, and other costs associated with travel, such as meals. These are costs that are already voluntarily incurred by members of the fireworks advisory council and the department will not reimburse these costs.

To be considered, all comments on the proposal must be submitted in writing no later than 5 p.m. on January 6, 20045 to Gene C. Jarmon, General Counsel & Chief Clerk, Mail Code 113‑2A, Texas Department of Insurance, P.O. Box 149104 , Austin , Texas 78714‑9104. An additional copy of the comments must be submitted simultaneously to Ms. Patricia Gilbert, Acting State Fire Marshal, Mail Code 112-FM, Texas Department of Insurance, P.O. Box 149104 , Austin , Texas 78714‑9104. Requests for a public hearing should be submitted separately to the Office of the Chief Clerk.

The amended section is proposed pursuant to Title 13, Occupations Code Chapter 2154, the Government Code §§2110.005 and 2110.008, and the Insurance Code §36.001. Occupations Code §2154.054 directs the commissioner to establish an advisory council to assist in the administration of this chapter. The Government Code §2110.005 requires a state agency that is advised by an advisory committee to adopt rules that state the purpose of the committee, and describe the committee's task and the manner in which the committee will report to the agency. Section 2110.008 requires a state agency that is advised by an advisory committee to establish by rule a date on which the committee will automatically be abolished. Section 36.001 provides that the Commissioner of Insurance may adopt any rules necessary and appropriate to implement the powers and duties of the Texas Department of Insurance under the Insurance Code and other laws of this state.

The following statutes are affected by the proposed section: Title 13, Occupations Code, Chapter 2154

§34.831. Advisory Council.

(a) ­ (e) (No change.)

(f) Duration. The advisory council shall automatically terminate on December 31, 2008 [ 2004 ], unless, before its termination, the commissioner extends its duration.



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