By Bosse                                              H.B. No. 1099
       74R4571 CAG-D
                                 A BILL TO BE ENTITLED
    1-1                                AN ACT
    1-2  relating to the authority of the commissioners court of a county to
    1-3  regulate the use of fireworks in a residential subdivision;
    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 USE OF FIREWORKS IN
    1-9  COUNTY.  (a)  The commissioners court of a county by order may
   1-10  prohibit or otherwise regulate the use of fireworks in a
   1-11  residential subdivision located in any part of the unincorporated
   1-12  area of the county.
   1-13        (b)  The commissioners court may exempt certain types of
   1-14  fireworks or uses of fireworks from prohibition or regulation.
   1-15        (c)  A person commits an offense if the person knowingly
   1-16  violates a prohibition or other regulation established by an order
   1-17  of a commissioners court under this section.  An offense under this
   1-18  section is a Class C misdemeanor.
   1-19        (d)  If an order adopted under this section conflicts with a
   1-20  municipal ordinance, the municipal ordinance prevails within the
   1-21  municipality's jurisdiction to the extent of the conflict.
   1-22        (e)  In this section:
   1-23              (1)  "Fireworks" means any composition or device
   1-24  primarily designed for entertainment purposes that produces a
    2-1  visible or audible effect by combustion, explosion, deflagration,
    2-2  or detonation.
    2-3              (2)  "Residential subdivision" means a subdivision:
    2-4                    (A)  for which a plat is recorded in the county
    2-5  real property records; and
    2-6                    (B)  in which the majority of lots are subject to
    2-7  deed restrictions limiting the lots to residential use.
    2-8        SECTION 2.  The importance of this legislation and the
    2-9  crowded condition of the calendars in both houses create an
   2-10  emergency and an imperative public necessity that the
   2-11  constitutional rule requiring bills to be read on three several
   2-12  days in each house be suspended, and this rule is hereby suspended,
   2-13  and that this Act take effect and be in force from and after its
   2-14  passage, and it is so enacted.