By Pickett H.B. No. 1908
74R7312 CAG-D
A BILL TO BE ENTITLED
1-1 AN ACT
1-2 relating to the power of a county to prohibit, restrict, or
1-3 otherwise regulate the use, possession, or sale of fireworks;
1-4 providing penalties.
1-5 BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
1-6 SECTION 1. Section 240.904, Local Government Code, is
1-7 amended to read as follows:
1-8 Sec. 240.904. Regulation of Fireworks. (a) <For the
1-9 purposes of this section the following definitions shall apply:>
1-10 <(1) "Fireworks" means only those items classified
1-11 under 49 C.F.R. Sec. 173.100(r)(2) (10-1-86 edition), as
1-12 "skyrockets with sticks" and those items classified as "missiles.">
1-13 <(2) "Climatic conditions" shall mean specific
1-14 conditions that exist due to an unusual deficit in normal
1-15 precipitation levels for a given area.>
1-16 <(b)> To protect the public health or safety, the
1-17 commissioners court of a county by order may prohibit, <or>
1-18 restrict, or otherwise regulate the use, possession, or sale of
1-19 <certain> fireworks in all or part <a portion> of the
1-20 unincorporated area of the county. The order may exempt certain
1-21 types of fireworks or uses of fireworks from regulation if the
1-22 commissioners court finds that the exemption will not have a
1-23 significant adverse effect on the public health or safety <in which
1-24 the normal danger of fire for that particular time and place is
2-1 greatly enhanced by climatic conditions. In addition, during the
2-2 December fireworks season, the commissioners court of a county with
2-3 a population of less than 35,000 by order may restrict or prohibit
2-4 the use of certain fireworks when conditions on rural croplands not
2-5 under cultivation for a period of at least 12 months are determined
2-6 to be extremely hazardous for the danger of fire because of high
2-7 grass.>
2-8 <(c) Under an order issued under this section, there must be
2-9 at least one location of appropriate size in the unincorporated
2-10 area in the county where the use of such fireworks is not
2-11 prohibited. An order issued under this section may not extend
2-12 beyond the period of time during which the enhanced fire danger
2-13 exists>.
2-14 (b) If a license, permit, or registration is required under
2-15 an order adopted under this section, the commissioners court shall
2-16 set the amount of an application fee, if any, in an amount
2-17 reasonably calculated to cover the costs associated with the
2-18 administration of the order.
2-19 (c) <(d)> The county attorney or the attorney representing
2-20 the county in civil matters may file an action to enjoin a <is
2-21 entitled to injunctive relief to prevent the> violation or
2-22 threatened violation of a prohibition, restriction, or other
2-23 regulation established by the order. In a suit under this
2-24 subsection, a court:
2-25 (1) may grant the county any injunctive relief that is
2-26 warranted;
2-27 (2) may award attorney's fees and costs to the county;
3-1 and
3-2 (3) may not require the county to post a bond or other
3-3 form of security.
3-4 (d) <(e)> A person commits an offense if the person
3-5 knowingly or intentionally violates a prohibition, restriction, or
3-6 other regulation established by an order adopted <issued> under
3-7 this section. An offense under this subsection is a Class C
3-8 misdemeanor. Each day on which a violation occurs is a separate
3-9 offense.
3-10 (e) The county attorney or the attorney representing the
3-11 county in civil matters may file an action to recover for the
3-12 county a civil penalty against a person who violates a prohibition,
3-13 restriction, or other regulation established by an order adopted
3-14 under this section. The penalty may not exceed $200 for each day
3-15 the violation occurs. In determining the amount of a penalty under
3-16 this subsection, the court shall consider the seriousness of the
3-17 violation.
3-18 (f) In this section, "fireworks" means any composition or
3-19 device primarily designed to produce a visible or audible effect by
3-20 combustion, explosion, deflagration, or detonation for an
3-21 entertainment purpose.
3-22 SECTION 2. The importance of this legislation and the
3-23 crowded condition of the calendars in both houses create an
3-24 emergency and an imperative public necessity that the
3-25 constitutional rule requiring bills to be read on three several
3-26 days in each house be suspended, and this rule is hereby suspended,
3-27 and that this Act take effect and be in force from and after its
4-1 passage, and it is so enacted.