By Craddick                                            H.B. No. 829
       74R860 CAG-D
                                 A BILL TO BE ENTITLED
    1-1                                AN ACT
    1-2  relating to the authority of the voters of a county to authorize
    1-3  the county to regulate the sale, possession, or use of fireworks;
    1-4  providing a criminal penalty.
    1-5        BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
    1-6        SECTION 1.  Subchapter Z, Chapter 240, Local Government Code,
    1-7  is amended by adding Section 240.9045 to read as follows:
    1-8        Sec. 240.9045.  ADDITIONAL REGULATION OF SALE, USE, OR
    1-9  POSSESSION OF FIREWORKS.  (a)  The commissioners court of a county
   1-10  by order may call a county election on the question of prohibiting
   1-11  or otherwise regulating the sale, possession, or use of fireworks
   1-12  in any part of the unincorporated area of the county.  The
   1-13  commissioners court shall order the ballot for the election to be
   1-14  printed to provide for voting for or against the proposition:
   1-15  Authorizing the commissioners court of the county to prohibit or
   1-16  otherwise regulate the (sale, use, or possession, as appropriate)
   1-17  of fireworks in any part of the unincorporated area of (name of
   1-18  county) County.
   1-19        (b)  If a majority of the votes received at the election are
   1-20  in favor of the proposition, the commissioners court may exercise,
   1-21  in accordance with this section, the authority approved at the
   1-22  election.  If the votes received in favor of the proposition are
   1-23  not a majority, the commissioners court may not act under this
   1-24  section.
    2-1        (c)  The commissioners court shall determine what sales,
    2-2  uses, or possessions are to be regulated as necessary to promote
    2-3  the public health or safety.  The commissioners court may:
    2-4              (1)  exempt certain types of fireworks or uses of
    2-5  fireworks from regulation if the commissioners court determines
    2-6  that the exemption will not have a significant adverse effect on
    2-7  the public health or safety; or
    2-8              (2)  set an application fee for a license or permit
    2-9  required under an order adopted by the commissioners court in an
   2-10  amount reasonably calculated to cover the costs associated with the
   2-11  administration of the order.
   2-12        (d)  A person commits an offense if the person knowingly
   2-13  violates a prohibition established by an order adopted under this
   2-14  section.  An offense under this section is a Class C misdemeanor.
   2-15        (e)  In this section, "fireworks" means any composition or
   2-16  device primarily designed for entertainment purposes that produces
   2-17  a visible or audible effect by combustion, explosion, deflagration,
   2-18  or detonation.
   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.