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.