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.