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.