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.