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.