By Giddings H.B. No. 590
74R971 MWV-D
A BILL TO BE ENTITLED
1-1 AN ACT
1-2 relating to restricting the possession, use, and sale of Class C
1-3 fireworks.
1-4 BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
1-5 SECTION 1. Section 1, Article 5.43-4, Insurance Code, is
1-6 amended to read as follows:
1-7 Sec. 1. Definitions. In this article:
1-8 (1) "Board" means the State Board of Insurance.
1-9 (2) "Class B fireworks" or "special fireworks" means a
1-10 large fireworks device designed primarily to produce visible or
1-11 audible effects by combustion, deflagration, or detonation and that
1-12 is classified as a Class B explosive by the United States
1-13 Department of Transportation.
1-14 (3) "Class C fireworks" or "common fireworks" means a
1-15 small fireworks device designed primarily to produce visible
1-16 effects by combustion, that complies with the construction and
1-17 chemical composition requirements of 16 C.F.R. Part 1507 (1984), or
1-18 the most recently adopted version of that rule, and the labeling
1-19 requirements of the United States Consumer Product Safety
1-20 Commission, and that is classified as a Class C explosive by the
1-21 United States Department of Transportation.
1-22 (4) "Department" means the United States Department of
1-23 Transportation.
1-24 (5) "Distributor" means a person or entity that sells
2-1 fireworks to pyrotechnic operators <jobbers, retailers,> or other
2-2 distributors <for resale to others>.
2-3 (6) "Fireworks" means any composition or device
2-4 designed to produce a visible or audible effect by combustion,
2-5 explosion, deflagration, or detonation, and that is defined as
2-6 "special fireworks" by 49 C.F.R. Section 173.88(d) (1983), or as
2-7 "common fireworks" by 49 C.F.R. Section 173.100(r) (1983).
2-8 (7) "Fire prevention officer" means the chief of a
2-9 fire department, a fire marshal, the county fire marshal, the
2-10 sheriff, a constable, any other local enforcement officer primarily
2-11 responsible for fire prevention, or, if there is no local fire
2-12 authority, the state fire marshal.
2-13 (8) "Illegal fireworks" means a fireworks device
2-14 manufactured, distributed, or sold in violation of this article.
2-15 (9) "Importer" means a person who imports fireworks
2-16 from a foreign country or from another state for sale to
2-17 distributors or pyrotechnic operators <jobbers> in this state.
2-18 (10) <"Jobber" means a person who purchases fireworks
2-19 for resale to retailers only.>
2-20 <(11)> "Manufacturer" means a person, firm,
2-21 corporation, or association that engages in the making of
2-22 fireworks.
2-23 (11) <(12)> "Person" means an individual or entity,
2-24 including an owner, manager, officer, employee, or occupant.
2-25 (12) <(13)> "Public display" means the igniting of
2-26 <Class B> fireworks for public or private amusement.
2-27 (13) <(14)> "Pyrotechnic operator" means an individual
3-1 who, by experience, training, and passing any required examination,
3-2 has demonstrated the necessary skill and ability for safely
3-3 assembling, discharging, and supervising public displays of <Class
3-4 B> fireworks.
3-5 (14) <(15) "Retailer" means a person who purchases
3-6 fireworks for resale to the general public only.>
3-7 <(16)> "Sale" means the sale or offering for sale any
3-8 merchandise, equipment, or service, <at wholesale or retail, to the
3-9 public or> to any person, for an agreed sum of money or other
3-10 consideration.
3-11 (15) <(17)> "State fire marshal" means the chief law
3-12 enforcement officer of the state charged with the responsibility of
3-13 fire prevention.
3-14 (16) <(18)> "Insurance agent" means:
3-15 (A) a person, firm, or corporation licensed
3-16 under Article 21.14 or 1.14-2 of this code;
3-17 (B) a salaried, state, or special agent; and
3-18 (C) a person authorized to represent an
3-19 insurance fund or pool created by a city, county, or other
3-20 political subdivision of the state under The Interlocal Cooperation
3-21 Act (Article 4413(32c), Vernon's Texas Civil Statutes).
3-22 SECTION 2. Section 4, Article 5.43-4, Insurance Code, is
3-23 amended to read as follows:
3-24 Sec. 4. Exceptions to Applicability of Article. This
3-25 article does not apply to:
3-26 (1) toy pistols, toy canes, toy guns, or other devices
3-27 that use paper or plastic caps manufactured in accordance with 49
4-1 C.F.R. Section 173.100(p) (1983), and that are packed and shipped
4-2 according to department regulations;
4-3 (2) model rockets and model rocket motors designed,
4-4 sold, and used for the purpose of propelling recoverable aero
4-5 models;
4-6 (3) propelling or expelling charges consisting of a
4-7 mixture of sulfur, charcoal, and potassium nitrate;
4-8 (4) novelties and trick noisemakers;
4-9 (5) the sale<, at wholesale,> of any type of fireworks
4-10 by a resident manufacturer, distributor, or importer<, or jobber>
4-11 if the fireworks are intended for shipment directly out of state in
4-12 accordance with department regulations;
4-13 (6) the sale, and use in emergency situations, of
4-14 pyrotechnic signaling devices or distress signals for marine,
4-15 aviation, or highway use;
4-16 (7) the use of fusee and railway torpedoes by
4-17 railroads;
4-18 (8) the sale of blank cartridges for use in radio,
4-19 television, film, or theater productions, for signal or ceremonial
4-20 purposes in athletic events, or for industrial purposes; or
4-21 (9) the use of any pyrotechnic device by military
4-22 organizations.
4-23 SECTION 3. Section 6, Article 5.43-4, Insurance Code, is
4-24 amended to read as follows:
4-25 Sec. 6. Licenses. (a) A person engaged in the business of
4-26 manufacturing, distributing, <jobbing,> or importing fireworks to
4-27 be sold or used in this state, or of supervising or conducting
5-1 public fireworks displays, must obtain the appropriate license for
5-2 that activity as provided by this section.
5-3 (b) A person who manufactures, stores, possesses, and sells
5-4 the fireworks constructed by that person must have a manufacturer's
5-5 license. The board shall set and collect an annual license fee not
5-6 to exceed $1,000 for a manufacturer's license. The licensed
5-7 manufacturer may sell <Class C fireworks only to distributors and
5-8 jobbers, and may sell Class B> fireworks only to distributors or
5-9 licensed pyrotechnic operators for use in public fireworks displays
5-10 in this state. A licensed manufacturer may manufacture, store,
5-11 possess, and sell items other than permissible fireworks, but only
5-12 for sale and delivery to authorized persons in states in which
5-13 those other types of fireworks are permissible.
5-14 (c) A person who stores, possesses, and sells <Class C>
5-15 fireworks to pyrotechnic operators <jobbers, retailers,> and to
5-16 other distributors in this state must have a distributor's license.
5-17 The board shall set and collect an annual license fee not to exceed
5-18 $1,500 for a distributor's license. <Licensed distributors may
5-19 also possess, store, and sell Class B fireworks in this state.>
5-20 (d) <A person who stores, possesses, and sells Class C
5-21 fireworks to retailers in this state must have a jobber's license.
5-22 The board shall set and collect an annual license fee not to exceed
5-23 $1,000 for a jobber's license.>
5-24 <(e)> A person <who imports and sells to any distributor or
5-25 jobber in this state Class C fireworks or> who imports and sells
5-26 fireworks to any distributor or pyrotechnic operator in this state
5-27 <Class B fireworks for use only in public fireworks displays> must
6-1 have an importer's license. The board shall set and collect an
6-2 annual license fee not to exceed $200 for an importer's license.
6-3 (e) <(f)> A person who assembles, conducts, and supervises
6-4 public fireworks displays <using Class B fireworks> must have a
6-5 pyrotechnic operator's license. The board shall set and collect an
6-6 annual license fee not to exceed $100 for a pyrotechnic operator's
6-7 license. To qualify for a pyrotechnic operator's license, a person
6-8 must take and pass an examination, if any should be required,
6-9 conducted by the board through the state fire marshal's office. A
6-10 nonrefundable fee for the initial examination must be in an amount
6-11 not to exceed $30. A nonrefundable fee in an amount not to exceed
6-12 $20 shall be charged for each reexamination.
6-13 (f) <(g)> A person who conducts multiple public fireworks
6-14 displays at a single location must have a public display license.
6-15 The board shall set and collect an annual license fee not to exceed
6-16 $400 for a public display license. The holder of a public display
6-17 license is not required to obtain a public display permit. This
6-18 article does not limit the authority of the state fire marshal to
6-19 inspect the location of the display or to require appropriate fire
6-20 protection measures.
6-21 (g) <(h)> A fee in an amount not to exceed $20 must be
6-22 charged for a duplicate license issued by the board and for any
6-23 requested change to a license.
6-24 SECTION 4. Section 9, Article 5.43-4, Insurance Code, is
6-25 amended to read as follows:
6-26 Sec. 9. Public Display Permits. The board shall set and
6-27 collect a permit fee not to exceed $50 for a <Class B> fireworks
7-1 public display permit to be obtained from the board through the
7-2 state fire marshal. A public fireworks display permit is not
7-3 renewable and is valid for only one public fireworks display to be
7-4 held during the hours and on the date or alternate date, if
7-5 provided, stated on the permit.
7-6 SECTION 5. Section 10, Article 5.43-4, Insurance Code, is
7-7 amended to read as follows:
7-8 Sec. 10. Agricultural, Industrial, and Wildlife Control
7-9 Permits. The board shall set and collect a permit fee not to
7-10 exceed $50 for a permit to use <Class B> special fireworks for
7-11 agricultural, industrial, or wildlife control purposes. The
7-12 applicant must specify the exact purpose for which the fireworks
7-13 are to be used before a permit may be issued. The permit expires
7-14 one year from the date of issuance and is not renewable.
7-15 SECTION 6. Section 16(a), Article 5.43-4, Insurance Code, is
7-16 amended to read as follows:
7-17 (a) The board shall adopt and through the state fire marshal
7-18 shall administer rules the board considers necessary for the
7-19 protection, safety, and preservation of life and property,
7-20 including rules regulating:
7-21 (1) the issuance of licenses and permits to persons
7-22 engaged in manufacturing, selling, storing, possessing, or
7-23 transporting fireworks in this state;
7-24 (2) the conduct of public fireworks displays; and
7-25 (3) the safe storage of <Class C fireworks and Class
7-26 B> fireworks.
7-27 SECTION 7. Sections 17(a), (b), (c), (d), (f), and (g),
8-1 Article 5.43-4, Insurance Code, are amended to read as follows:
8-2 (a) <Fireworks sold at retail, offered for sale at retail,
8-3 or possessed for retail sale within this state, may not be
8-4 transported, used, or exploded in this state, unless the fireworks
8-5 are properly identified as conforming to the standards of the
8-6 United States Consumer Product Safety Commission and as United
8-7 States Department of Transportation common fireworks. The
8-8 identification must be printed on all shipping cases, fireworks
8-9 devices, and retail containers. The imprint must be sufficiently
8-10 conspicuous to be readily recognized by law enforcement authorities
8-11 and the general public.> A manufacturer may be required to submit
8-12 samples of all fireworks to the state fire marshal for approval.
8-13 (b) A person or organization may not manufacture,
8-14 distribute, sell <at wholesale or retail>, or use fireworks in a
8-15 public fireworks display or for agricultural, industrial, or
8-16 wildlife control purposes without obtaining the appropriate license
8-17 or permit. Fireworks manufactured, distributed, sold, or used in
8-18 violation of this subsection are illegal fireworks.
8-19 (c) A person may not sell or <only> offer for sale to the
8-20 general public Class B or Class C fireworks <at authorized retail
8-21 locations>. All mail order sales of Class C fireworks are
8-22 prohibited.
8-23 (d) Fireworks may not be sold or offered for sale to a
8-24 person <children> under 18 <12> years of age or to an intoxicated
8-25 or incompetent person. A person selling fireworks <at retail>
8-26 shall make a reasonable effort to ascertain that potential
8-27 purchasers are of the minimum age required by this subsection.
9-1 (f) A person may not:
9-2 (1) explode or ignite fireworks within 600 feet of any
9-3 church, a hospital other than a veterinary hospital, an asylum, a
9-4 licensed child care center, or a public or private primary or
9-5 secondary school or institution of higher education;
9-6 (2) sell <at retail>, explode, or ignite fireworks
9-7 within 100 feet of a place where flammable liquids or flammable
9-8 compressed gasses are stored and dispensed;
9-9 (3) explode or ignite fireworks within 100 feet of a
9-10 place where fireworks are stored or sold;
9-11 (4) ignite or discharge fireworks within or from a
9-12 motor vehicle;
9-13 (5) place ignited fireworks in, or throw ignited
9-14 fireworks at, a motor vehicle;
9-15 (6) conduct a public fireworks display <that includes
9-16 Class B fireworks> unless the person is a licensed pyrotechnic
9-17 operator;
9-18 (7) conduct an indoor display of fireworks <that
9-19 includes Class C fireworks> without the approval of the local fire
9-20 prevention officer;
9-21 (8) obtain or attempt to obtain a license or permit by
9-22 fraudulent representation; or
9-23 (9) sell, store, manufacture, distribute, or display
9-24 fireworks except as provided by this article or rules adopted by
9-25 the board under this article.
9-26 (g) A manufacturer, distributor, <jobber,> or importer, may
9-27 not sell fireworks to a person who does not hold a valid license or
10-1 permit.
10-2 SECTION 8. Section 8, Article 5.43-4, Insurance Code, is
10-3 repealed.
10-4 SECTION 9. (a) Except as provided by Section 10 of this Act
10-5 and by Subsection (b) of this section, this Act does not apply to a
10-6 person holding a license or permit issued under Article 5.43-4,
10-7 Insurance Code, before the effective date of this Act.
10-8 (b) The Texas Commission on Fire Protection may not renew or
10-9 issue a retail permit or jobber's license on or after the effective
10-10 date of this Act.
10-11 SECTION 10. (a) The change in law made to Section 17(d),
10-12 Article 5.43-4, Insurance Code, by this Act applies only to an
10-13 offense committed on or after the effective date of this Act. For
10-14 purposes of this section, an offense is committed before the
10-15 effective date of this Act if any element of the offense occurs
10-16 before that date.
10-17 (b) An offense committed before the effective date of this
10-18 Act is covered by the law in effect when the offense was committed,
10-19 and the former law is continued in effect for this purpose.
10-20 SECTION 11. The importance of this legislation and the
10-21 crowded condition of the calendars in both houses create an
10-22 emergency and an imperative public necessity that the
10-23 constitutional rule requiring bills to be read on three several
10-24 days in each house be suspended, and this rule is hereby suspended,
10-25 and that this Act take effect and be in force from and after its
10-26 passage, and it is so enacted.