By Hamric                                       H.B. No. 1019

      75R4406 CAG-D                           

                                A BILL TO BE ENTITLED

 1-1                                   AN ACT

 1-2     relating to the authority of a county commissioner to regulate the

 1-3     use of fireworks; providing a criminal penalty.

 1-4           BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:

 1-5           SECTION 1.  Subchapter Z, Chapter 240, Local Government Code,

 1-6     is amended by adding Section 240.9045 to read as follows:

 1-7           Sec. 240.9045.  ADDITIONAL REGULATION OF USE OF FIREWORKS IN

 1-8     POPULOUS  COUNTIES.  (a)  This section applies only to a county

 1-9     with a population of 2.8 million or more.

1-10           (b)  In this section, "fireworks" means any composition or

1-11     device primarily designed for entertainment purposes that produces

1-12     a visible or audible effect by combustion, explosion, deflagration,

1-13     or detonation.

1-14           (c)  To protect the public health or safety, a county

1-15     commissioner by order may prohibit or otherwise regulate the use of

1-16     fireworks in any part of the commissioner's precinct.  A county

1-17     commissioner adopting an order under this subsection shall file the

1-18     order in the records of the commissioners court of the county.

1-19           (d)  The county commissioner may exempt certain types of

1-20     fireworks or uses of fireworks from prohibition or regulation.

1-21           (e)  A person selling fireworks in a county in which an order

1-22     has been adopted by a county commissioner under Subsection (c)

1-23     shall, at every location at which the person sells fireworks in the

1-24     county, provide reasonable notice of the order and reasonable

 2-1     notice of the location of the area designated under Subsection (c).

 2-2           (f)  If an order adopted under this section conflicts with a

 2-3     municipal ordinance, the municipal ordinance prevails within the

 2-4     municipality's jurisdiction to the extent of the conflict.  If an

 2-5     order adopted under this section conflicts with an order adopted by

 2-6     the commissioners court under Section 240.904, the stricter order

 2-7     prevails to the extent of the conflict.

 2-8           (g)  A person commits an offense if the person knowingly

 2-9     violates a prohibition or other regulation established by an order

2-10     of a county commissioner under this section.  An offense under this

2-11     subsection is a Class C misdemeanor.

2-12           SECTION 2.  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,

2-17     and that this Act take effect and be in force from and after its

2-18     passage, and it is so enacted.