1-1 By: Moffat (Senate Sponsor - Harris) H.B. No. 2023
1-2 (In the Senate - Received from the House May 10, 1995;
1-3 May 11, 1995, read first time and referred to Committee on State
1-4 Affairs; May 25, 1995, reported favorably by the following vote:
1-5 Yeas 9, Nays 0; May 25, 1995, sent to printer.)
1-6 A BILL TO BE ENTITLED
1-7 AN ACT
1-8 relating to illegal fireworks and certain offenses relating to
1-9 fireworks.
1-10 BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
1-11 SECTION 1. Section 3, Article 5.43-4, Insurance Code, is
1-12 amended to read as follows:
1-13 Sec. 3. Local Regulation. (a) This article and rules
1-14 adopted under this article have uniform force and effect throughout
1-15 the state. Any lawfully enacted municipal or county ordinance,
1-16 order, or rule in effect on the effective date of this article is
1-17 not invalidated by this article. Except as provided by Subsection
1-18 (b), this <This> article does not limit or restrict the authority
1-19 of counties, where specifically authorized by statute to do so, or
1-20 of cities, towns, or villages as defined by Title 28, Revised
1-21 Statutes, to enact ordinances or orders prohibiting or further
1-22 regulating fireworks.
1-23 (b) A municipal ordinance or order may not prohibit the
1-24 transportation of Class C fireworks on hazardous material routes
1-25 through the municipality or prohibit the transfer of Class C
1-26 fireworks in transit at facilities designed for the transfer by a
1-27 common carrier within the municipality, if the fireworks are in the
1-28 continuing course of intrastate or interstate commerce.
1-29 SECTION 2. Section 17(f), Article 5.43-4, Insurance Code, is
1-30 amended to read as follows:
1-31 (f) A person may not:
1-32 (1) explode or ignite fireworks within 600 feet of any
1-33 church, a hospital other than a veterinary hospital, an asylum, a
1-34 licensed child care center, or a public or private primary or
1-35 secondary school or institution of higher education;
1-36 (2) sell at retail, explode, or ignite fireworks
1-37 within 100 feet of a place where flammable liquids or flammable
1-38 compressed gasses are stored and dispensed;
1-39 (3) explode or ignite fireworks within 100 feet of a
1-40 place where fireworks are stored or sold;
1-41 (4) ignite or discharge fireworks within or from a
1-42 motor vehicle;
1-43 (5) place ignited fireworks in, or throw ignited
1-44 fireworks at, a motor vehicle;
1-45 (6) conduct a public fireworks display that includes
1-46 Class B fireworks unless the person is a licensed pyrotechnic
1-47 operator;
1-48 (7) conduct an indoor display of fireworks that
1-49 includes Class C fireworks without the approval of the local fire
1-50 prevention officer;
1-51 (8) obtain or attempt to obtain a license or permit by
1-52 fraudulent representation; <or>
1-53 (9) sell, store, manufacture, distribute, or display
1-54 fireworks except as provided by this article or rules adopted by
1-55 the board under this article; or
1-56 (10) transport fireworks through a municipality other
1-57 than on a route designated by the municipality for the
1-58 transportation of hazardous materials if routes for the
1-59 transportation of hazardous materials have been designated by the
1-60 municipality subject to Section 3(b) of this article.
1-61 SECTION 3. Section 19, Article 5.43-4, Insurance Code, is
1-62 amended to read as follows:
1-63 Sec. 19. PENALTIES. (a) A person commits an offense if the
1-64 person knowingly or intentionally violates Section 17 of this
1-65 article.
1-66 (b) Except as provided by Subsection (c) of this section, an
1-67 <An> offense under this section is a Class B misdemeanor.
1-68 (c) Except as provided by Subsection (d) of this section, an
2-1 offense for a violation of Section 17(f)(1), (2), (3), (4), (5), or
2-2 (10) of this article is a Class C misdemeanor.
2-3 (d) If it is shown on the trial of an offense described by
2-4 Subsection (c) of this section that the act constituting the
2-5 offense resulted in property damage of at least $200 or in bodily
2-6 injury or death, the offense is a Class B misdemeanor.
2-7 (e) Each day that a violation occurs or continues
2-8 constitutes a separate offense.
2-9 (f) <(d)> Venue under this section is in the county in which
2-10 the offense is committed or in Travis County.
2-11 (g) <(e)> If the board determines that a violation of this
2-12 article creates a threat to the public safety, the board may bring
2-13 suit, in the district or county court of the county in which the
2-14 offense was committed or the county in which the person who
2-15 committed the offense resides or has an office, to enjoin the
2-16 person from engaging in the prohibited activity. The board is not
2-17 required to give bond as a condition to the issuance of injunctive
2-18 relief.
2-19 (h) <(f)> The state fire marshal, a fire chief, a fire
2-20 marshal, their deputies, or a police or peace officer may seize
2-21 from retail fireworks consumers illegal fireworks as defined by
2-22 this article. Fireworks seized in the enforcement of this article
2-23 shall be kept in the custody of the seizing agent or the sheriff of
2-24 the county in which the fireworks were seized. The owner of the
2-25 seized fireworks may file an action contesting the seizure in a
2-26 district or county court in the county in which the fireworks were
2-27 seized. On filing an action under this subsection, the owner shall
2-28 give notice of the filing of the action to the seizing agent or
2-29 sheriff. The court may, not later than the 30th day after the
2-30 hearing on the seizure, authorize the return of part or all of the
2-31 confiscated fireworks. The court shall order any fireworks not
2-32 returned to be destroyed. If the seizing agent or sheriff does not
2-33 receive notice of an action contesting the seizure <is not filed>
2-34 by the 31st <30th> day after the seizure, the seizing agent or the
2-35 sheriff shall destroy the fireworks.
2-36 SECTION 4. Article 5.43-4, Insurance Code, is amended by
2-37 adding Section 21 to read as follows:
2-38 Sec. 21. WAIVER FOR TRANSPORTATION OF CERTAIN EXPLOSIVES.
2-39 The Texas Commission on Fire Protection, in consultation with the
2-40 commission's fireworks advisory council, may adopt rules to
2-41 implement any waiver authorized by the Federal Highway
2-42 Administration for the transportation of fireworks classified as
2-43 Class 1.3G explosives in conformance with the requirements of the
2-44 waiver.
2-45 SECTION 5. (a) The change in law made by this Act applies
2-46 only to the punishment for an offense committed on or after the
2-47 effective date of this Act. For purposes of this section, an
2-48 offense is committed before the effective date of this Act if any
2-49 element of the offense occurs before the effective date.
2-50 (b) An offense committed before the effective date of this
2-51 Act is covered by the law in effect when the offense was committed,
2-52 and the former law is continued in effect for that purpose.
2-53 SECTION 6. This Act applies only to the seizure of fireworks
2-54 on or after the effective date of this Act. The seizure of
2-55 fireworks before the effective date of this Act is governed by the
2-56 law in effect immediately before the effective date of this Act,
2-57 and the former law is continued in effect for that purpose.
2-58 SECTION 7. This Act takes effect September 1, 1995.
2-59 SECTION 8. The importance of this legislation and the
2-60 crowded condition of the calendars in both houses create an
2-61 emergency and an imperative public necessity that the
2-62 constitutional rule requiring bills to be read on three several
2-63 days in each house be suspended, and this rule is hereby suspended.
2-64 * * * * *