By Yarbrough, West                                     H.B. No. 837
       74R3606 CAG-D
                                 A BILL TO BE ENTITLED
    1-1                                AN ACT
    1-2  relating to the authority of the commissioners court of a county
    1-3  with a population of 2.8 million or more to regulate the sale,
    1-4  possession, or use of fireworks; 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 IN POPULOUS COUNTY.  (a)  The commissioners
   1-10  court of a county with a population of 2.8 million or more by order
   1-11  may prohibit or otherwise regulate the sale, possession, or use of
   1-12  fireworks in any part of the unincorporated area of the county.
   1-13        (b)  The commissioners court may:
   1-14              (1)  exempt certain types of fireworks or uses of
   1-15  fireworks from regulation if the commissioners court determines
   1-16  that the exemption will not have a significant adverse effect on
   1-17  the public health or safety; or
   1-18              (2)  set an application fee for a license or permit
   1-19  required under an order adopted by the commissioners court in an
   1-20  amount reasonably calculated to cover the costs associated with the
   1-21  administration of the order.
   1-22        (c)  The county is entitled to injunctive relief to prevent a
   1-23  violation or threatened violation of a regulation or prohibition
   1-24  established by the order.
    2-1        (d)  A person commits an offense if the person knowingly
    2-2  violates a prohibition established by an order of a commissioners
    2-3  court under this section.  An offense under this section is a Class
    2-4  C misdemeanor.
    2-5        (e)  In this section, "fireworks" means any composition or
    2-6  device primarily designed for entertainment purposes that produces
    2-7  a visible or audible effect by combustion, explosion, deflagration,
    2-8  or detonation.
    2-9        SECTION 2.  The importance of this legislation and the
   2-10  crowded condition of the calendars in both houses create an
   2-11  emergency and an imperative public necessity that the
   2-12  constitutional rule requiring bills to be read on three several
   2-13  days in each house be suspended, and this rule is hereby suspended,
   2-14  and that this Act take effect and be in force from and after its
   2-15  passage, and it is so enacted.