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.