By Elkins                                             H.B. No. 2403
       74R4568 CAG-D
                                 A BILL TO BE ENTITLED
    1-1                                AN ACT
    1-2  relating to the authority of the voters of a county with a
    1-3  population of 2.8 million or more to authorize the county to
    1-4  prohibit the sale, possession, or use of fireworks; providing a
    1-5  criminal penalty.
    1-6        BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
    1-7        SECTION 1.  Subchapter Z, Chapter 240, Local Government Code,
    1-8  is amended by adding Section 240.9045 to read as follows:
    1-9        Sec. 240.9045.  ADDITIONAL REGULATION OF SALE, USE, OR
   1-10  POSSESSION OF FIREWORKS.  (a)  The commissioners court of a county
   1-11  with a population of 2.8 million or more by order may call a county
   1-12  election on the question of prohibiting the sale, possession, or
   1-13  use of fireworks in any part of the unincorporated area of the
   1-14  county.  The commissioners court shall order the ballot for the
   1-15  election to be printed to permit voting for or against the
   1-16  proposition:  Authorizing the commissioners court of the county to
   1-17  prohibit the sale, use, or possession of fireworks in any part of
   1-18  the unincorporated area of (name of county) County.
   1-19        (b)  If a majority of the votes received at the election are
   1-20  in favor of the proposition, the commissioners court shall, by
   1-21  order, prohibit the sale, use, or possession of fireworks in any
   1-22  part of the unincorporated area of the county.  If the votes
   1-23  received in favor of the proposition are not a majority, the
   1-24  commissioners court may not act under this section.
    2-1        (c)  A person commits an offense if the person knowingly
    2-2  violates a prohibition established by an order adopted under this
    2-3  section.  An offense under this section is a Class C misdemeanor.
    2-4        (d)  This section does not apply to:
    2-5              (1)  toy pistols, toy canes, or toy guns;
    2-6              (2)  model rockets and model rocket motors designed,
    2-7  sold, and used for the purpose of propelling recoverable aero
    2-8  models;
    2-9              (3)  propelling or expelling charges used in
   2-10  construction, excavation, or demolition;
   2-11              (4)  novelties and trick noisemakers;
   2-12              (5)  the sale, at wholesale, of any type of fireworks
   2-13  by a resident manufacturer, distributor, importer, or jobber if the
   2-14  fireworks are intended for shipment directly out of state in
   2-15  accordance with regulations of the United States Department of
   2-16  Transportation;
   2-17              (6)  the sale, and use in emergency situations, of
   2-18  pyrotechnic signaling devices or distress signals for marine,
   2-19  aviation, or highway use;
   2-20              (7)  the use of fusees and railway torpedoes by
   2-21  railroads;
   2-22              (8)  the sale of blank cartridges for use in radio,
   2-23  television, film, or theater productions, for signal or ceremonial
   2-24  purposes in athletic events, or for industrial purposes;
   2-25              (9)  the use of any pyrotechnic device by military
   2-26  organizations; or
   2-27              (10)  the use, in an organized fireworks display, of
    3-1  any pyrotechnic device by a licensed and bonded pyrotechnic display
    3-2  organization.
    3-3        (e)  In this section, "fireworks" means any composition or
    3-4  device primarily designed for entertainment purposes that produces
    3-5  a visible or audible effect by combustion, explosion, deflagration,
    3-6  or detonation.
    3-7        SECTION 2.  The importance of this legislation and the
    3-8  crowded condition of the calendars in both houses create an
    3-9  emergency and an imperative public necessity that the
   3-10  constitutional rule requiring bills to be read on three several
   3-11  days in each house be suspended, and this rule is hereby suspended,
   3-12  and that this Act take effect and be in force from and after its
   3-13  passage, and it is so enacted.