HB 864: HIGHWAYS: Authorizes municipalities to establish fire limits and to prohibit the storage, placement, accumulation, abandonment, or use of certain materials within the right-of-way of certain public structures - Louisiana

Senate Floor Bureau Note, #4040, Duplessis, Adopted → HB864 Act 849 · 6 edits

MODERATE

The bill was reorganized from a Senate amendment format into a final enrolled Act, adding a formal title and purpose statement. It establishes new state law allowing municipalities to ban flammable materials under bridges and tunnels while permitting their use for specific authorized events. The text also defines key terms like 'flammable' and 'explosive' and sets a $1,000 fine for violations.

Scope change

The bill's scope expanded from a proposed amendment to a finalized statute that creates a new legal section (R.S. 33:4741.1) governing fire safety rules for infrastructure.

DEFINITION

Added specific legal definitions for 'combustible', 'explosive', and 'flammable' materials to clarify enforcement standards.

REQUIREMENT

Authorized municipalities to prohibit the storage of flammable materials beneath public bridges, overpasses, viaducts, and tunnels.

ENFORCEMENT

Established a penalty of up to $1,000 for each willful violation of the new fire limit rules.

EXCEPTIONS

Created an exception allowing the use of flammable materials for events permitted by the parish or municipality, provided state and federal laws are followed.

EXEMPTIONS

Exempted infrastructure owned or operated by electric cooperatives and investor-owned utilities from these restrictions.

TECHNICAL

Converted the document from a Senate Floor Amendment draft to a formal Enrolled Act with a title, purpose clause, and signature blocks.

HB864 Original → Senate Floor Bureau Note, #4040, Duplessis, Adopted · 1 edit

MINOR

The Senate amended the bill to remove the word 'materials' from the definition of 'Flammable materials.' This change clarifies that the definition applies to the concept of flammability itself rather than just the physical items, ensuring the scope covers the property of the material rather than a specific list of objects.

Scope change

The scope of the definition was slightly refined to focus on the inherent property of the material rather than the specific items.

DEFINITION

The definition of 'Flammable materials' was modified by deleting the word 'materials' after 'Flammable', changing the phrasing from 'Flammable materials means...' to 'Flammable means...'

HB864 Enrolled → HB864 Original · 5 edits

MODERATE

The bill was reformatted from an enrolled version to an original draft, but the substantive policy content was significantly rewritten. The new version clarifies that the fire limits apply specifically to structures owned by the state and operated by municipalities, rather than just public bridges. It also tightens the definition of prohibited materials to focus on 'flammable materials' and adjusts the criminal penalty for violations from a fine up to $1,000 to a misdemeanor with a fine up to $1,500 or six months in jail.

Scope change

The scope of applicability was narrowed and clarified to explicitly require that the structures (bridges, overpasses, viaducts, or tunnels) be owned by the state and operated by the municipality, whereas the original enrolled text applied more broadly to the right-of-way of public infrastructure.

SCOPE

Clarified that the fire limit prohibition applies only to structures owned by the state and operated by the municipality, removing broader references to the right-of-way of public bridges.

DEFINITION

Redefined prohibited items to specifically list 'flammable materials' while retaining 'explosive' and 'combustible' in the main prohibition text, and updated the definition of 'flammable materials' to include flame-producing devices.

ENFORCEMENT

Increased the penalty for willful violations from a fine of up to $1,000 to a misdemeanor punishable by a fine of up to $1,500, imprisonment for up to six months, or both.

ELIGIBILITY

Removed the specific exception for infrastructure owned or operated by electric cooperatives and investor-owned utilities regulated by the Public Service Commission.

Deleted the specific exception for the city of New Orleans regarding temporary, attended activities involving approved equipment.

HB864 Reengrossed → HB864 Enrolled · 3 edits · May 31, 2026

MINOR

The bill was finalized by the Governor and Senate, removing the House's amendment that would have restricted fire limits to only state-owned structures. The final version restores the authority for municipalities to establish fire limits prohibiting flammable materials under any public bridge, overpass, viaduct, or tunnel, regardless of ownership. Additionally, the penalty for violating these rules was simplified to a fine of up to $1,000 per violation, removing the option of imprisonment.

Scope change

The bill's scope was expanded from applying only to state-owned structures to applying to all public bridges, overpasses, viaducts, and tunnels owned by the state, municipality, or parish.

SCOPE

Removed a House amendment that limited fire limit authority to structures owned by the state and operated by the municipality.

ENFORCEMENT

Changed the penalty for violations from a fine up to $1,000 or up to six months in prison (or both) to a fine of not more than $1,000 for each violation.

DEFINITION

Simplified the definition of 'flammable materials' to 'flammable' and removed the specific examples of candles and bonfires from the statutory definition.

HB864 Engrossed → HB864 Reengrossed · 5 edits · May 26, 2026

MODERATE

The bill was reengrossed to broaden its scope from only state-owned structures to include all public bridges and tunnels, while also expanding the list of prohibited materials to include explosives and combustible items. The authorization for events was extended to parishes in addition to municipalities, and new exemptions were added for electric utilities and temporary attended activities. The maximum fine for violations was reduced from $1,500 to $1,000.

Scope change

The bill's scope expanded from applying only to structures owned by the state and operated by municipalities to covering the right-of-way of all public bridges, overpasses, viaducts, and tunnels. It also added parishes to the list of entities that can authorize event permits.

SCOPE

Prohibited materials are now defined to include storage, placement, accumulation, abandonment, or use, rather than just storage and use.

The prohibition on flammable materials now applies to the right-of-way of any public bridge, overpass, viaduct, or tunnel, not just those owned by the state and operated by a municipality.

ELIGIBILITY

Parishes are now authorized to issue permits for the use of flammable materials for events, in addition to municipalities.

REQUIREMENT

New exemptions were added for infrastructure owned by regulated electric cooperatives and investor-owned utilities, as well as for temporary attended activities complying with other laws.

ENFORCEMENT

The maximum fine for a violation was reduced from $1,500 to $1,000.

HIGHWAYS: Authorizes municipalities to establish fire limits and to prohibit the storage, placement, accumulation, abandonment, or use of certain materials within the right-of-way of certain public structures

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