74R10310 DLF-F
By Moffat H.B. No. 2023
Substitute the following for H.B. No. 2023:
By Jones of Lubbock C.S.H.B. No. 2023
A BILL TO BE ENTITLED
1-1 AN ACT
1-2 relating to illegal fireworks and certain offenses relating to
1-3 fireworks.
1-4 BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
1-5 SECTION 1. Section 3, Article 5.43-4, Insurance Code, is
1-6 amended to read as follows:
1-7 Sec. 3. Local Regulation. (a) This article and rules
1-8 adopted under this article have uniform force and effect throughout
1-9 the state. Any lawfully enacted municipal or county ordinance,
1-10 order, or rule in effect on the effective date of this article is
1-11 not invalidated by this article. Except as provided by Subsection
1-12 (b), this <This> article does not limit or restrict the authority
1-13 of counties, where specifically authorized by statute to do so, or
1-14 of cities, towns, or villages as defined by Title 28, Revised
1-15 Statutes, to enact ordinances or orders prohibiting or further
1-16 regulating fireworks.
1-17 (b) A municipal ordinance or order may not prohibit the
1-18 transportation of Class C fireworks on hazardous material routes
1-19 through the municipality or prohibit the transfer of Class C
1-20 fireworks in transit at facilities designed for the transfer by a
1-21 common carrier within the municipality, if the fireworks are in the
1-22 continuing course of intrastate or interstate commerce.
1-23 SECTION 2. Section 17(f), Article 5.43-4, Insurance Code, is
1-24 amended to read as follows:
2-1 (f) A person may not:
2-2 (1) explode or ignite fireworks within 600 feet of any
2-3 church, a hospital other than a veterinary hospital, an asylum, a
2-4 licensed child care center, or a public or private primary or
2-5 secondary school or institution of higher education;
2-6 (2) sell at retail, explode, or ignite fireworks
2-7 within 100 feet of a place where flammable liquids or flammable
2-8 compressed gasses are stored and dispensed;
2-9 (3) explode or ignite fireworks within 100 feet of a
2-10 place where fireworks are stored or sold;
2-11 (4) ignite or discharge fireworks within or from a
2-12 motor vehicle;
2-13 (5) place ignited fireworks in, or throw ignited
2-14 fireworks at, a motor vehicle;
2-15 (6) conduct a public fireworks display that includes
2-16 Class B fireworks unless the person is a licensed pyrotechnic
2-17 operator;
2-18 (7) conduct an indoor display of fireworks that
2-19 includes Class C fireworks without the approval of the local fire
2-20 prevention officer;
2-21 (8) obtain or attempt to obtain a license or permit by
2-22 fraudulent representation; <or>
2-23 (9) sell, store, manufacture, distribute, or display
2-24 fireworks except as provided by this article or rules adopted by
2-25 the board under this article; or
2-26 (10) transport fireworks through a municipality other
2-27 than on a route designated by the municipality for the
3-1 transportation of hazardous materials if routes for the
3-2 transportation of hazardous materials have been designated by the
3-3 municipality subject to Section 3(b) of this article.
3-4 SECTION 3. Section 19, Article 5.43-4, Insurance Code, is
3-5 amended to read as follows:
3-6 Sec. 19. PENALTIES. (a) A person commits an offense if the
3-7 person knowingly or intentionally violates Section 17 of this
3-8 article.
3-9 (b) Except as provided by Subsection (c) of this section, an
3-10 <An> offense under this section is a Class B misdemeanor.
3-11 (c) Except as provided by Subsection (d) of this section, an
3-12 offense for a violation of Section 17(f)(1), (2), (3), (4), (5), or
3-13 (10) of this article is a Class C misdemeanor.
3-14 (d) If it is shown on the trial of an offense described by
3-15 Subsection (c) of this section that the act constituting the
3-16 offense resulted in property damage of at least $200 or in bodily
3-17 injury or death, the offense is a Class B misdemeanor.
3-18 (e) Each day that a violation occurs or continues
3-19 constitutes a separate offense.
3-20 (f) <(d)> Venue under this section is in the county in which
3-21 the offense is committed or in Travis County.
3-22 (g) <(e)> If the board determines that a violation of this
3-23 article creates a threat to the public safety, the board may bring
3-24 suit, in the district or county court of the county in which the
3-25 offense was committed or the county in which the person who
3-26 committed the offense resides or has an office, to enjoin the
3-27 person from engaging in the prohibited activity. The board is not
4-1 required to give bond as a condition to the issuance of injunctive
4-2 relief.
4-3 (h) <(f)> The state fire marshal, a fire chief, a fire
4-4 marshal, their deputies, or a police or peace officer may seize
4-5 from retail fireworks consumers illegal fireworks as defined by
4-6 this article. Fireworks seized in the enforcement of this article
4-7 shall be kept in the custody of the seizing agent or the sheriff of
4-8 the county in which the fireworks were seized. The owner of the
4-9 seized fireworks may file an action contesting the seizure in a
4-10 district or county court in the county in which the fireworks were
4-11 seized. On filing an action under this subsection, the owner shall
4-12 give notice of the filing of the action to the seizing agent or
4-13 sheriff. The court may, not later than the 30th day after the
4-14 hearing on the seizure, authorize the return of part or all of the
4-15 confiscated fireworks. The court shall order any fireworks not
4-16 returned to be destroyed. If the seizing agent or sheriff does not
4-17 receive notice of an action contesting the seizure <is not filed>
4-18 by the 31st <30th> day after the seizure, the seizing agent or the
4-19 sheriff shall destroy the fireworks.
4-20 SECTION 4. Article 5.43-4, Insurance Code, is amended by
4-21 adding Section 21 to read as follows:
4-22 Sec. 21. WAIVER FOR TRANSPORTATION OF CERTAIN EXPLOSIVES.
4-23 The Texas Commission on Fire Protection, in consultation with the
4-24 commission's fireworks advisory council, may adopt rules to
4-25 implement any waiver authorized by the Federal Highway
4-26 Administration for the transportation of fireworks classified as
4-27 Class 1.3G explosives in conformance with the requirements of the
5-1 waiver.
5-2 SECTION 5. (a) The change in law made by this Act applies
5-3 only to the punishment for an offense committed on or after the
5-4 effective date of this Act. For purposes of this section, an
5-5 offense is committed before the effective date of this Act if any
5-6 element of the offense occurs before the effective date.
5-7 (b) An offense committed before the effective date of this
5-8 Act is covered by the law in effect when the offense was committed,
5-9 and the former law is continued in effect for that purpose.
5-10 SECTION 6. This Act applies only to the seizure of fireworks
5-11 on or after the effective date of this Act. The seizure of
5-12 fireworks before the effective date of this Act is governed by the
5-13 law in effect immediately before the effective date of this Act,
5-14 and the former law is continued in effect for that purpose.
5-15 SECTION 7. This Act takes effect September 1, 1995.
5-16 SECTION 8. The importance of this legislation and the
5-17 crowded condition of the calendars in both houses create an
5-18 emergency and an imperative public necessity that the
5-19 constitutional rule requiring bills to be read on three several
5-20 days in each house be suspended, and this rule is hereby suspended.