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.