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.
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