1-1 By: Craddick (Senate Sponsor - Madla) H.B. No. 828
1-2 (In the Senate - Received from the House May 8, 1995;
1-3 May 9, 1995, read first time and referred to Committee on
1-4 Intergovernmental Relations; May 17, 1995, reported favorably by
1-5 the following vote: Yeas 9, Nays 0; May 17, 1995, sent to
1-6 printer.)
1-7 A BILL TO BE ENTITLED
1-8 AN ACT
1-9 relating to the authority of a county to regulate certain
1-10 fireworks.
1-11 BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
1-12 SECTION 1. Section 240.904, Local Government Code, is
1-13 amended to read as follows:
1-14 Sec. 240.904. REGULATION OF CERTAIN FIREWORKS. (a) For the
1-15 purposes of this section the following definitions shall apply:
1-16 (1) "Aerial fireworks" <"Fireworks"> means only those
1-17 items classified under 49 C.F.R. Sec. 173.100(r)(2) (10-1-86
1-18 edition), as "skyrockets with sticks" and other pyrotechnic devices
1-19 that have fins or rudders for the purpose of achieving aerodynamic
1-20 flight, including devices that would be considered a missile or a
1-21 rocket. <those items classified as "missiles.">
1-22 (2) "Climatic conditions" shall mean specific
1-23 conditions that exist due to a severe lack of precipitation in a
1-24 specified area <an unusual deficit in normal precipitation levels
1-25 for a given area>.
1-26 (b) To protect the public health or safety, the
1-27 commissioners court of a county by order may prohibit or restrict
1-28 the use of certain aerial fireworks in all or a portion of the
1-29 unincorporated area of the county in which the normal danger of
1-30 fire for that particular time and place is greatly enhanced or,
1-31 according to meteorological forecasts, is anticipated to be greatly
1-32 enhanced by climatic conditions. In addition, during the December
1-33 fireworks season, the commissioners court of a county <with a
1-34 population of less than 35,000> by order may restrict or prohibit
1-35 the use of certain aerial fireworks when conditions on rural
1-36 acreage in the county <croplands> not under cultivation for a
1-37 period of at least 12 months are determined to be extremely
1-38 hazardous for the danger of fire because of high grass or dry
1-39 vegetation.
1-40 (c) To facilitate compliance with an order adopted under
1-41 Subsection (b), the order must be adopted before:
1-42 (1) June 15 of each year for the Fourth of July
1-43 fireworks season; and
1-44 (2) December 15 of each year for each December
1-45 fireworks season.
1-46 (d) An order issued under this section may not extend beyond
1-47 the period that the enhanced, hazardous, or anticipated enhanced
1-48 fire danger exists.
1-49 (e) An order under this section is enforceable only if the
1-50 order designates at least one safe area of appropriate size and
1-51 accessibility in the county where the use of aerial fireworks is
1-52 not prohibited. The safe area may be provided by the county, a
1-53 municipality within the county, or an individual, business, or
1-54 corporation. A safe area may be designated in and provided in the
1-55 geographic area of the regulatory jurisdiction of a municipality if
1-56 the activity conducted in the safe area is authorized by general
1-57 law or a municipal regulation or ordinance. An area is considered
1-58 safe if adequate public safety and fire protection services are
1-59 provided to the area. A county, municipality, individual, business,
1-60 or corporation is not liable for injuries or damages resulting from
1-61 the designation, maintenance, or use of the safe area <Under an
1-62 order issued under this section, there must be at least one
1-63 location of appropriate size in the unincorporated area in the
1-64 county where the use of such fireworks is not prohibited. An order
1-65 issued under this section may not extend beyond the period of time
1-66 during which the enhanced fire danger exists>.
1-67 (f) A person selling aerial fireworks or other fireworks in
1-68 a county that has adopted an order under Subsection (b) shall, at
2-1 every location at which the person sells fireworks in the county,
2-2 provide reasonable notice of the order and reasonable notice of the
2-3 location of the safe area designated under Subsection (e).
2-4 (g) An affected party <(d) The county> is entitled to
2-5 injunctive relief to prevent the violation or threatened violation
2-6 of a requirement or prohibition established by an <the> order
2-7 adopted under this section.
2-8 (h) <(e)> A person commits an offense if the person
2-9 knowingly or intentionally violates a prohibition established by an
2-10 order issued under this section. An offense under this subsection
2-11 is a Class C misdemeanor.
2-12 SECTION 2. The importance of this legislation and the
2-13 crowded condition of the calendars in both houses create an
2-14 emergency and an imperative public necessity that the
2-15 constitutional rule requiring bills to be read on three several
2-16 days in each house be suspended, and this rule is hereby suspended,
2-17 and that this Act take effect and be in force from and after its
2-18 passage, and it is so enacted.
2-19 * * * * *