By Swinford H.B. No. 843 75R963 DRH-D A BILL TO BE ENTITLED 1-1 AN ACT 1-2 relating to the regulation by a county of fireworks during a 1-3 drought period. 1-4 BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS: 1-5 SECTION 1. Section 240.904, Local Government Code, is 1-6 amended by amending Subsection (a) and adding Subsection (i) to 1-7 read as follows: 1-8 (a) For the purposes of this section the following 1-9 definitions shall apply: 1-10 (1) "Aerial fireworks" means only those items 1-11 classified under 49 C.F.R. Sec. 173.100(r)(2) (10-1-86 edition), as 1-12 "skyrockets with sticks" and other pyrotechnic devices that have 1-13 fins or rudders for the purpose of achieving aerodynamic flight, 1-14 including devices that would be considered a missile or a rocket. 1-15 (2) "Climatic conditions" shall mean specific 1-16 conditions that exist due to a severe lack of precipitation in a 1-17 specified area. 1-18 (3) "Common fireworks" means any composition or device 1-19 designed primarily to produce visible or audio effect for an 1-20 entertainment purpose by combustion, explosion, deflagration, or 1-21 detonation and that is classified as a Class 1, Division 1.4 1-22 explosive under 49 C.F.R. Sec. 173.50 (1995) by the United States 1-23 Department of Transportation. 1-24 (i) If the governor or the state fire marshal makes a 2-1 determination that climatic conditions exist for fire danger in the 2-2 county, the county commissioners court may regulate common 2-3 fireworks in the same manner as aerial fireworks under this 2-4 section. A determination under this section is valid for a single 2-5 fireworks season and for purposes of allowing regulation under this 2-6 subsection may not be issued later than: 2-7 (1) June 1 of each year for the Fourth of July 2-8 fireworks season; and 2-9 (2) December 1 of each year for the December fireworks 2-10 season. 2-11 SECTION 2. This Act takes effect September 1, 1997. 2-12 SECTION 3. The importance of this legislation and the 2-13 crowded condition of the calendars in both houses create an 2-14 emergency and an imperative public necessity that the 2-15 constitutional rule requiring bills to be read on three several 2-16 days in each house be suspended, and this rule is hereby suspended.