H.B. No. 828
1-1 AN ACT
1-2 relating to the authority of a county to regulate certain
1-3 fireworks.
1-4 BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
1-5 SECTION 1. Section 240.904, Local Government Code, is
1-6 amended to read as follows:
1-7 Sec. 240.904. REGULATION OF CERTAIN FIREWORKS. (a) For the
1-8 purposes of this section the following definitions shall apply:
1-9 (1) "Aerial fireworks" <"Fireworks"> means only those
1-10 items classified under 49 C.F.R. Sec. 173.100(r)(2) (10-1-86
1-11 edition), as "skyrockets with sticks" and other pyrotechnic devices
1-12 that have fins or rudders for the purpose of achieving aerodynamic
1-13 flight, including devices that would be considered a missile or a
1-14 rocket. <those items classified as "missiles.">
1-15 (2) "Climatic conditions" shall mean specific
1-16 conditions that exist due to a severe lack of precipitation in a
1-17 specified area <an unusual deficit in normal precipitation levels
1-18 for a given area>.
1-19 (b) To protect the public health or safety, the
1-20 commissioners court of a county by order may prohibit or restrict
1-21 the use of certain aerial fireworks in all or a portion of the
1-22 unincorporated area of the county in which the normal danger of
1-23 fire for that particular time and place is greatly enhanced or,
1-24 according to meteorological forecasts, is anticipated to be greatly
2-1 enhanced by climatic conditions. In addition, during the December
2-2 fireworks season, the commissioners court of a county <with a
2-3 population of less than 35,000> by order may restrict or prohibit
2-4 the use of certain aerial fireworks when conditions on rural
2-5 acreage in the county <croplands> not under cultivation for a
2-6 period of at least 12 months are determined to be extremely
2-7 hazardous for the danger of fire because of high grass or dry
2-8 vegetation.
2-9 (c) To facilitate compliance with an order adopted under
2-10 Subsection (b), the order must be adopted before:
2-11 (1) June 15 of each year for the Fourth of July
2-12 fireworks season; and
2-13 (2) December 15 of each year for each December
2-14 fireworks season.
2-15 (d) An order issued under this section may not extend beyond
2-16 the period that the enhanced, hazardous, or anticipated enhanced
2-17 fire danger exists.
2-18 (e) An order under this section is enforceable only if the
2-19 order designates at least one safe area of appropriate size and
2-20 accessibility in the county where the use of aerial fireworks is
2-21 not prohibited. The safe area may be provided by the county, a
2-22 municipality within the county, or an individual, business, or
2-23 corporation. A safe area may be designated in and provided in the
2-24 geographic area of the regulatory jurisdiction of a municipality if
2-25 the activity conducted in the safe area is authorized by general
2-26 law or a municipal regulation or ordinance. An area is considered
2-27 safe if adequate public safety and fire protection services are
3-1 provided to the area. A county, municipality, individual, business,
3-2 or corporation is not liable for injuries or damages resulting from
3-3 the designation, maintenance, or use of the safe area <Under an
3-4 order issued under this section, there must be at least one
3-5 location of appropriate size in the unincorporated area in the
3-6 county where the use of such fireworks is not prohibited. An order
3-7 issued under this section may not extend beyond the period of time
3-8 during which the enhanced fire danger exists>.
3-9 (f) A person selling aerial fireworks or other fireworks in
3-10 a county that has adopted an order under Subsection (b) shall, at
3-11 every location at which the person sells fireworks in the county,
3-12 provide reasonable notice of the order and reasonable notice of the
3-13 location of the safe area designated under Subsection (e).
3-14 (g) An affected party <(d) The county> is entitled to
3-15 injunctive relief to prevent the violation or threatened violation
3-16 of a requirement or prohibition established by an <the> order
3-17 adopted under this section.
3-18 (h) <(e)> A person commits an offense if the person
3-19 knowingly or intentionally violates a prohibition established by an
3-20 order issued under this section. An offense under this subsection
3-21 is a Class C misdemeanor.
3-22 SECTION 2. The importance of this legislation and the
3-23 crowded condition of the calendars in both houses create an
3-24 emergency and an imperative public necessity that the
3-25 constitutional rule requiring bills to be read on three several
3-26 days in each house be suspended, and this rule is hereby suspended,
3-27 and that this Act take effect and be in force from and after its
4-1 passage, and it is so enacted.