By Moffat H.B. No. 2023
74R7264 DLF-D
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 19, Article 5.43-4, Insurance Code, is
1-6 amended to read as follows:
1-7 Sec. 19. PENALTIES. (a) A person commits an offense if the
1-8 person knowingly or intentionally violates Section 17 of this
1-9 article.
1-10 (b) Except as provided by Subsection (c) of this section, an
1-11 <An> offense under this section is a Class B misdemeanor.
1-12 (c) Except as provided by Subsection (d) of this section, an
1-13 offense for a violation of Section 17(f)(1), (2), (3), (4), or (5)
1-14 of this article is a Class C misdemeanor.
1-15 (d) If it is shown on the trial of an offense described by
1-16 Subsection (c) of this section that the act constituting the
1-17 offense resulted in property damage of at least $200 or in bodily
1-18 injury or death, the offense is a Class B misdemeanor.
1-19 (e) Each day that a violation occurs or continues
1-20 constitutes a separate offense.
1-21 (f) <(d)> Venue under this section is in the county in which
1-22 the offense is committed or in Travis County.
1-23 (g) <(e)> If the board determines that a violation of this
1-24 article creates a threat to the public safety, the board may bring
2-1 suit, in the district or county court of the county in which the
2-2 offense was committed or the county in which the person who
2-3 committed the offense resides or has an office, to enjoin the
2-4 person from engaging in the prohibited activity. The board is not
2-5 required to give bond as a condition to the issuance of injunctive
2-6 relief.
2-7 (h) <(f)> The state fire marshal, a fire chief, a fire
2-8 marshal, their deputies, or a police or peace officer may seize
2-9 illegal fireworks as defined by this article. Fireworks seized in
2-10 the enforcement of this article shall be kept in the custody of the
2-11 seizing agent or the sheriff of the county in which the fireworks
2-12 were seized. The owner of the seized fireworks may file an action
2-13 contesting the seizure in a district or county court in the county
2-14 in which the fireworks were seized. On filing an action under this
2-15 subsection, the owner shall give notice of the filing of the action
2-16 to the seizing agent or sheriff. The court may, not later than the
2-17 30th day after the hearing on the seizure, authorize the return of
2-18 part or all of the confiscated fireworks. The court shall order
2-19 any fireworks not returned to be destroyed. If the seizing agent
2-20 or sheriff does not receive notice of an action contesting the
2-21 seizure <is not filed> by the 31st <30th> day after the seizure,
2-22 the seizing agent or the sheriff shall destroy the fireworks.
2-23 SECTION 2. (a) The change in law made by this Act applies
2-24 only to the punishment for an offense committed on or after the
2-25 effective date of this Act. For purposes of this section, an
2-26 offense is committed before the effective date of this Act if any
2-27 element of the offense occurs before the effective date.
3-1 (b) An offense committed before the effective date of this
3-2 Act is covered by the law in effect when the offense was committed,
3-3 and the former law is continued in effect for that purpose.
3-4 SECTION 3. This Act applies only to the seizure of fireworks
3-5 on or after the effective date of this Act. The seizure of
3-6 fireworks before the effective date of this Act is governed by the
3-7 law in effect immediately before the effective date of this Act,
3-8 and the former law is continued in effect for that purpose.
3-9 SECTION 4. This Act takes effect September 1, 1995.
3-10 SECTION 5. The importance of this legislation and the
3-11 crowded condition of the calendars in both houses create an
3-12 emergency and an imperative public necessity that the
3-13 constitutional rule requiring bills to be read on three several
3-14 days in each house be suspended, and this rule is hereby suspended.