By Hightower H.B. No. 2049
A BILL TO BE ENTITLED
1-1 AN ACT
1-2 relating to the authority of a county to regulate certain fireworks
1-3 during a drought.
1-4 BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
1-5 SECTION 1. Section 240.904, Local Government Code, is
1-6 amended to read as follows:
1-7 Sec. 240.904. Regulation of Certain Fireworks. (a) For the
1-8 purposes of this section the following definitions shall apply:
1-9 (1) "Aerial fireworks" means only those items
1-10 classified under 49 C.F.R. Sec. 173.100(r)(2) (10-1-86 edition),
1-11 as "skyrockets with sticks" and other pyrotechnic devices that have
1-12 fins or rudders for the purpose of achieving aerodynamic flight,
1-13 including devices that would be considered a missile or a rocket.
1-14 (2) "Drought conditions" shall mean the existence
1-15 immediately preceding or during the fireworks season of specific
1-16 conditions as defined by the Texas Forest Service through the use
1-17 of the Keech-Byrum Index, or when such index is not available,
1-18 through a comparable alternative measurement that takes into
1-19 consideration the burn index for that particular [Climatic
1-20 conditions" shall mean specific conditions that exist due to a
1-21 severe lack of precipitation in a specified] area.
1-22 (b)(1) The Texas Forest Service in the ordinary course of
1-23 its activities shall determine whether drought conditions, as
1-24 defined under Subsection (a)(2), exist in all or part of any county
2-1 requesting such determination. The Texas Forest Service shall make
2-2 available the measurement index guidelines that determine whether a
2-3 particular area is in drought condition. Following any
2-4 determination that such drought conditions exist, the Texas Forest
2-5 Service shall notify said county or counties when such drought
2-6 conditions no longer exist.
2-7 (2) The Texas Forest Service shall be allowed to take
2-8 such donations of equipment or funds as necessary to aid in the
2-9 carrying out of this section.
2-10 (c) Upon a determination under this section that drought
2-11 conditions exist within all or part of a specified county [To
2-12 protect the public health or safety], the commissioners court of
2-13 such [a] county by order may prohibit or restrict the use of
2-14 certain aerial fireworks in all or a portion of the unincorporated
2-15 area of the county where drought conditions have been determined to
2-16 exist [in which the normal danger of fire for that particular time
2-17 and place is greatly enhanced or, according to meteorological
2-18 forecasts, is anticipated to be greatly enhanced by climatic
2-19 conditions]. In addition, during the December fireworks season,
2-20 the commissioners court of a county by order may restrict or
2-21 prohibit the use of certain aerial fireworks in specified areas
2-22 when conditions on rural acreage in the county not under
2-23 cultivation for a period of at least 12 months are determined to be
2-24 extremely hazardous for the danger of fire because of high grass or
2-25 dry vegetation.
2-26 (d) [(c)] To facilitate compliance with an order adopted
2-27 under Subsection (c) [(b)], the order must be adopted before:
3-1 (1) June 15 of each year for the Fourth of July
3-2 fireworks season; and
3-3 (2) December 15 of each year for each December
3-4 fireworks season.
3-5 (e) [(d)] An order issued under this section shall expire
3-6 upon determination as provided under Subsection (b) that such
3-7 drought conditions no longer exist [may not extend beyond the
3-8 period that the enhanced, hazardous, or anticipated enhanced fire
3-9 danger exists].
3-10 (f) The county may designate one or more areas of
3-11 appropriate size and accessibility in the county as safe areas
3-12 [(e) An order under this section is enforceable only if the order
3-13 designates at least one safe area of appropriate size and
3-14 accessibility in the county] where the use of aerial fireworks is
3-15 not prohibited. The safe area may be provided by the county, a
3-16 municipality within the county, or an individual, business, or
3-17 corporation. A safe area may be designated in and provided in the
3-18 geographic area of the regulatory jurisdiction of a municipality if
3-19 the activity conducted in the safe area is authorized by general
3-20 law or a municipal regulation or ordinance. An area is considered
3-21 safe if adequate public safety and fire protection services are
3-22 provided to the area. A county, municipality, individual,
3-23 business, or corporation is not liable for injuries or damages
3-24 resulting from the designation, maintenance, or use of the safe
3-25 area.
3-26 (g) [(f)] A person selling aerial fireworks or other
3-27 fireworks in a county that has adopted an order under Subsection
4-1 (c) [(b)] shall, at every location at which the person sells
4-2 fireworks in the county, provide reasonable notice of the order and
4-3 reasonable notice of any [the] location [of the safe area]
4-4 designated under Subsection (f) as a safe area [(e)].
4-5 (h) [(g)] An affected party is entitled to injunctive relief
4-6 to prevent the violation or threatened violation of a requirement
4-7 or prohibition established by an order adopted under this section.
4-8 (i) [(h)] A person commits an offense if the person
4-9 knowingly or intentionally violates a prohibition established by an
4-10 order issued under this section. An offense under this subsection
4-11 is a Class C misdemeanor.
4-12 SECTION 2. The importance of this legislation and the
4-13 crowded condition of the calendars in both houses create an
4-14 emergency and an imperative public necessity that the
4-15 constitutional rule requiring bills to be read on three several
4-16 days in each house be suspended, and this rule is hereby suspended,
4-17 and that this Act take effect and be in force from and after its
4-18 passage, and it is so enacted.