By Bosse H.B. No. 1600
75R2201 CAG-D
A BILL TO BE ENTITLED
1-1 AN ACT
1-2 relating to the authority of the commissioners court of a county to
1-3 regulate the use of fireworks in a residential subdivision;
1-4 providing a criminal penalty.
1-5 BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
1-6 SECTION 1. Section 240.904(b), Local Government Code, is
1-7 amended to read as follows:
1-8 (b) In addition to having the ability to regulate the use of
1-9 fireworks under Section 240.9045, to [To] protect the public health
1-10 or safety, the commissioners court of a county by order may
1-11 prohibit or restrict the use of certain aerial fireworks in all or
1-12 a portion of the unincorporated area of the county in which the
1-13 normal danger of fire for that particular time and place is greatly
1-14 enhanced or, according to meteorological forecasts, is anticipated
1-15 to be greatly enhanced by climatic conditions. In addition, during
1-16 the December fireworks season, the commissioners court of a county
1-17 by order may restrict or prohibit the use of certain aerial
1-18 fireworks when conditions on rural acreage in the county not under
1-19 cultivation for a period of at least 12 months are determined to be
1-20 extremely hazardous for the danger of fire because of high grass or
1-21 dry vegetation.
1-22 SECTION 2. Subchapter Z, Chapter 240, Local Government Code,
1-23 is amended by adding Section 240.9045 to read as follows:
1-24 Sec. 240.9045. ADDITIONAL REGULATION OF USE OF FIREWORKS IN
2-1 COUNTY. (a) The commissioners court of a county by order may
2-2 prohibit or otherwise regulate the use of fireworks in a
2-3 residential subdivision located in any part of the unincorporated
2-4 area of the county.
2-5 (b) The commissioners court may exempt certain types of
2-6 fireworks or uses of fireworks from prohibition or regulation.
2-7 (c) A person commits an offense if the person knowingly
2-8 violates a prohibition or other regulation established by an order
2-9 of a commissioners court under this section. An offense under this
2-10 subsection is a Class C misdemeanor.
2-11 (d) If an order adopted under this section conflicts with a
2-12 municipal ordinance, the municipal ordinance prevails within the
2-13 municipality's jurisdiction to the extent of the conflict.
2-14 (e) A person selling fireworks in a county that has adopted
2-15 an order under Subsection (a) shall, at every location at which the
2-16 person sells fireworks in the county, provide reasonable notice of
2-17 the order and reasonable notice of the location of the area
2-18 designated under Subsection (a).
2-19 (f) In this section:
2-20 (1) "Fireworks" means any composition or device
2-21 primarily designed for entertainment purposes that produces a
2-22 visible or audible effect by combustion, explosion, deflagration,
2-23 or detonation.
2-24 (2) "Residential subdivision" means a subdivision:
2-25 (A) for which a plat is recorded in the county
2-26 real property records; and
2-27 (B) in which the majority of lots are subject to
3-1 deed restrictions limiting the lots to residential use.
3-2 SECTION 3. The importance of this legislation and the
3-3 crowded condition of the calendars in both houses create an
3-4 emergency and an imperative public necessity that the
3-5 constitutional rule requiring bills to be read on three several
3-6 days in each house be suspended, and this rule is hereby suspended,
3-7 and that this Act take effect and be in force from and after its
3-8 passage, and it is so enacted.