By Craddick H.B. No. 828
74R861 CAG-D
A BILL TO BE ENTITLED
1-1 AN ACT
1-2 relating to the authority of a county to regulate the sale,
1-3 possession, or use of fireworks.
1-4 BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
1-5 SECTION 1. Sections 240.904(a), (b), and (c), Local
1-6 Government Code, are amended to read as follows:
1-7 (a) In <For the purposes of> this section, "fireworks" <the
1-8 following definitions shall apply:>
1-9 <(1) "Fireworks"> means any composition or device
1-10 primarily designed for entertainment purposes that produces a
1-11 visible or audible effect by combustion, explosion, deflagration,
1-12 or detonation <only those items classified under 49 C.F.R. Sec.
1-13 173.100(r)(2) (10-1-86 edition), as "skyrockets with sticks" and
1-14 those items classified as "missiles.">
1-15 <(2) "Climatic conditions" shall mean specific
1-16 conditions that exist due to an unusual deficit in normal
1-17 precipitation levels for a given area>.
1-18 (b) To protect the public health or safety, the
1-19 commissioners court of a county by order may prohibit or otherwise
1-20 regulate the sale, possession, or use of fireworks in any part of
1-21 the unincorporated area of the county. The order may exempt
1-22 certain types of fireworks or uses of fireworks from regulation if
1-23 the commissioners court finds that the exemption will not have a
1-24 significant adverse effect on the public health or safety <prohibit
2-1 or restrict the use of certain fireworks in a portion of the
2-2 unincorporated area of the county in which the normal danger of
2-3 fire for that particular time and place is greatly enhanced by
2-4 climatic conditions. In addition, during the December fireworks
2-5 season, the commissioners court of a county with a population of
2-6 less than 35,000 by order may restrict or prohibit the use of
2-7 certain fireworks when conditions on rural croplands not under
2-8 cultivation for a period of at least 12 months are determined to be
2-9 extremely hazardous for the danger of fire because of high grass>.
2-10 (c) The commissioners court may set an application fee for a
2-11 license or permit required under an order adopted under this
2-12 section in an amount reasonably calculated to cover the costs
2-13 associated with the administration of the order <Under an order
2-14 issued under this section, there must be at least one location of
2-15 appropriate size in the unincorporated area in the county where the
2-16 use of such fireworks is not prohibited. An order issued under
2-17 this section may not extend beyond the period of time during which
2-18 the enhanced fire danger exists>.
2-19 SECTION 2. The importance of this legislation and the
2-20 crowded condition of the calendars in both houses create an
2-21 emergency and an imperative public necessity that the
2-22 constitutional rule requiring bills to be read on three several
2-23 days in each house be suspended, and this rule is hereby suspended,
2-24 and that this Act take effect and be in force from and after its
2-25 passage, and it is so enacted.