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.