By Moffat                                       H.B. No. 1261

      75R4967 DLF-F                           

                                A BILL TO BE ENTITLED

 1-1                                   AN ACT

 1-2     relating to illegal fireworks and certain offenses relating to

 1-3     fireworks.

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

 1-5           SECTION 1.  Section 19, Article 5.43-4, Insurance Code, is

 1-6     amended to read as follows:

 1-7           Sec. 19.  PENALTIES.  (a)  A person commits an offense if the

 1-8     person knowingly or intentionally violates Section 17 of this

 1-9     article.

1-10           (b)  Except as provided by Subsection (c) of this section, an

1-11     [An] offense under this section is a Class B misdemeanor.

1-12           (c)  Except as provided by Subsection (d) of this section, an

1-13     offense for a violation of Section 17(f)(1), (2), (3), (4), or (5)

1-14     of this article is a Class C misdemeanor.

1-15           (d)  If it is shown on the trial of an offense described by

1-16     Subsection (c) of this section that the act constituting the

1-17     offense resulted in property damage of at least $200 or in bodily

1-18     injury or death, the offense is a Class B misdemeanor.

1-19           (e)  Each day that a violation occurs or continues

1-20     constitutes a separate offense.

1-21           (f) [(d)]  Venue under this section is in the county in which

1-22     the offense is committed or in Travis County.

1-23           (g) [(e)]  If the board determines that a  violation of this

1-24     article creates a threat to the public safety, the board may bring

 2-1     suit, in the district or county court of the county in which the

 2-2     offense was committed or the county in which the person who

 2-3     committed the offense resides or has an office, to enjoin the

 2-4     person from engaging in the prohibited activity.  The board is not

 2-5     required to give bond as a condition to the issuance of injunctive

 2-6     relief.

 2-7           (h) [(f)]  The state fire marshal, a fire chief, a fire

 2-8     marshal, their deputies, or a police or peace officer may seize

 2-9     from retail fireworks consumers illegal fireworks as defined by

2-10     this article.  Fireworks seized in the enforcement of this article

2-11     shall be kept in the custody of the seizing agent or the sheriff of

2-12     the county in which the fireworks were seized.  The owner of the

2-13     seized fireworks may file an action contesting the seizure in a

2-14     district or county court in the county in which the fireworks were

2-15     seized.  On filing an action under this subsection, the owner shall

2-16     give notice of the filing of the action to the seizing agent or

2-17     sheriff.  The court may, not later than the 30th  day after the

2-18     hearing on the seizure, authorize the return of part or all of the

2-19     confiscated fireworks.  The court shall order any fireworks not

2-20     returned to be destroyed.  If the seizing agent or sheriff does not

2-21     receive notice of an action contesting the seizure [is not filed]

2-22     by the 31st [30th] day after the seizure, the seizing agent or the

2-23     sheriff shall destroy the fireworks.

2-24           SECTION 2.  (a)  The change in law made by this Act applies

2-25     only to the punishment for an offense committed on or after the

2-26     effective date of this Act.  For purposes of this section, an

2-27     offense is committed before the effective date of this Act if any

 3-1     element of the offense occurs  before the effective date.

 3-2           (b)  An offense committed before the effective date of this

 3-3     Act is covered by the law in effect when the offense was committed,

 3-4     and the former law is continued in effect for that purpose.

 3-5           SECTION 3.  This Act applies only to the seizure of fireworks

 3-6     on or after the effective date of this Act.  The seizure of

 3-7     fireworks before the effective date of this Act is governed by the

 3-8     law as it existed immediately before the effective date of this

 3-9     Act, and the former law is continued in effect for that purpose.

3-10           SECTION 4.  This Act takes effect September 1, 1997.

3-11           SECTION 5.  The importance of this legislation and the

3-12     crowded condition of the calendars in both houses create an

3-13     emergency and an imperative public necessity that the

3-14     constitutional rule requiring bills to be read on three several

3-15     days in each house be suspended, and this rule is hereby suspended.