First, Chapter 418 Subchapter B sets forth the powers and duties of the governor under the emergency management statutes. Section 418.016 specifically allows the governor to suspend certain state statues. Section 418.019 specifically allows the governor to suspend or limit the sale of .....explosives and combustibles.

Then we go on to Section 418.108 and the presiding officer of a political subdivision may declare a local state of disaster. However, there are no provisions like Section 418.016 or 418.019 that determine what powers are authorized or excluded under this section.

Also, unless I missed it, I cannot find anything that says the presiding officer has the same powers as the governor under chapter 418.

Generally speaking a specific statute controls over a general statue (this is coming from someone that primarily practices criminal law, so feel free to enlighten me).

It appears to me that 418.108 is extremely vague and counties may not be able to ban the sale of fireworks in the manner that the governor may under 418.019.

Any ideas??????


John L. Pool

[This message was edited by John L. Pool on 06-19-06 at .]