By West, Yarbrough H.B. No. 1078
74R4266 CAG-D
A BILL TO BE ENTITLED
1-1 AN ACT
1-2 relating to the authority of a county to regulate the use or sale
1-3 of fireworks.
1-4 BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
1-5 SECTION 1. Sections 240.904(a), (b), and (c), Local
1-6 Government Code, are amended to read as follows:
1-7 (a) In <For the purposes of> this section, "fireworks" <the
1-8 following definitions shall apply:>
1-9 <(1) "Fireworks"> means any composition or device
1-10 primarily designed for entertainment purposes that produces a
1-11 visible or audible effect by combustion, explosion, deflagration,
1-12 or detonation <only those items classified under 49 C.F.R. Sec.
1-13 173.100(r)(2) (10-1-86 edition), as "skyrockets with sticks" and
1-14 those items classified as "missiles.">
1-15 <(2) "Climatic conditions" shall mean specific
1-16 conditions that exist due to an unusual deficit in normal
1-17 precipitation levels for a given area>.
1-18 (b) To protect the public health or safety, the
1-19 commissioners court of a county by order may regulate the use or
1-20 sale of fireworks in the unincorporated area of the county. The
1-21 order may exempt certain types of fireworks or uses of fireworks
1-22 from regulation if the commissioners court finds that the exemption
1-23 will not have a significant adverse effect on the public health or
1-24 safety <prohibit or restrict the use of certain fireworks in a
2-1 portion of the unincorporated area of the county in which the
2-2 normal danger of fire for that particular time and place is greatly
2-3 enhanced by climatic conditions. In addition, during the December
2-4 fireworks season, the commissioners court of a county with a
2-5 population of less than 35,000 by order may restrict or prohibit
2-6 the use of certain fireworks when conditions on rural croplands not
2-7 under cultivation for a period of at least 12 months are determined
2-8 to be extremely hazardous for the danger of fire because of high
2-9 grass>.
2-10 (c) The commissioners court may set an application fee for a
2-11 license or permit required under an order adopted under this
2-12 section in an amount reasonably calculated to cover the costs
2-13 associated with the administration of the order <Under an order
2-14 issued under this section, there must be at least one location of
2-15 appropriate size in the unincorporated area in the county where the
2-16 use of such fireworks is not prohibited. An order issued under
2-17 this section may not extend beyond the period of time during which
2-18 the enhanced fire danger exists>.
2-19 SECTION 2. Section 3, Article 5.43-4, Insurance Code, is
2-20 amended to read as follows:
2-21 Sec. 3. Local Regulation. This article and rules adopted
2-22 under this article have uniform force and effect throughout the
2-23 state. Any lawfully enacted municipal or county ordinance, order,
2-24 or rule in effect on the effective date of this article is not
2-25 invalidated by this article. This article does not limit or
2-26 restrict the authority of counties or general-law municipalities<,
2-27 where specifically authorized by statute to do so, or of cities,
3-1 towns, or villages as defined by Title 28, Revised Statutes,> to
3-2 enact ordinances or orders prohibiting or further regulating
3-3 fireworks.
3-4 SECTION 3. The importance of this legislation and the
3-5 crowded condition of the calendars in both houses create an
3-6 emergency and an imperative public necessity that the
3-7 constitutional rule requiring bills to be read on three several
3-8 days in each house be suspended, and this rule is hereby suspended,
3-9 and that this Act take effect and be in force from and after its
3-10 passage, and it is so enacted.