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 a long-term
1-16 deficit of moisture creating atypically severe conditions with
1-17 increased wildfire occurrence as defined by the Texas Forest
1-18 Service through the use of the Keetch-Byram Drought Index, or when
1-19 such index is not available, through a comparable measurement which
1-20 takes into consideration the burning index, spread component, or
1-21 ignition component for that particular area ["Climatic conditions"
1-22 shall mean specific conditions that exist due to a severe lack of
1-23 precipitation in a specified area].
1-24 (b)(1) The Texas Forest Service in the ordinary course of
2-1 its activities shall determine whether drought conditions, as
2-2 defined under Subsection (a)(2), exist in all or part of any county
2-3 requesting such determination. The Texas Forest Service shall make
2-4 available the measurement index guidelines that determine whether a
2-5 particular area is in drought condition. Following any
2-6 determination that such drought conditions exist, the Texas Forest
2-7 Service shall notify said county or counties when such drought
2-8 conditions no longer exist.
2-9 (2) The Texas Forest Service shall be allowed to take
2-10 such donations of equipment or funds as necessary to aid in the
2-11 carrying out of this section.
2-12 (c) Upon a determination under this section that drought
2-13 conditions exist within all or part of a specified county [To
2-14 protect the public health or safety], the commissioners court of
2-15 such [a] county by order may prohibit or restrict the use of
2-16 certain aerial fireworks in all or a portion of the unincorporated
2-17 area of the county where drought conditions have been determined to
2-18 exist [in which the normal danger of fire for that particular time
2-19 and place is greatly enhanced or, according to meteorological
2-20 forecasts, is anticipated to be greatly enhanced by climatic
2-21 conditions]. In addition, during the December fireworks season,
2-22 the commissioners court of a county by order may restrict or
2-23 prohibit the use of certain aerial fireworks in specified areas
2-24 when conditions on rural acreage in the county not under
2-25 cultivation for a period of at least 12 months are determined to be
2-26 extremely hazardous for the danger of fire because of high grass or
2-27 dry vegetation.
3-1 (d) [(c)] To facilitate compliance with an order adopted
3-2 under Subsection (c) [(b)], the order must be adopted before:
3-3 (1) June 15 of each year for the Fourth of July
3-4 fireworks season; and
3-5 (2) December 15 of each year for each December
3-6 fireworks season.
3-7 (e) [(d)] An order issued under this section shall expire
3-8 upon determination as provided under Subsection (b) that such
3-9 drought conditions no longer exist [may not extend beyond the
3-10 period that the enhanced, hazardous, or anticipated enhanced fire
3-11 danger exists].
3-12 (f) The county may designate one or more areas of
3-13 appropriate size and accessibility in the county as safe areas
3-14 [(e) An order under this section is enforceable only if the order
3-15 designates at least one safe area of appropriate size and
3-16 accessibility in the county] where the use of aerial fireworks is
3-17 not prohibited. The safe area may be provided by the county, a
3-18 municipality within the county, or an individual, business, or
3-19 corporation. A safe area may be designated in and provided in the
3-20 geographic area of the regulatory jurisdiction of a municipality if
3-21 the activity conducted in the safe area is authorized by general
3-22 law or a municipal regulation or ordinance. An area is considered
3-23 safe if adequate public safety and fire protection services are
3-24 provided to the area. A county, municipality, individual,
3-25 business, or corporation is not liable for injuries or damages
3-26 resulting from the designation, maintenance, or use of the safe
3-27 area.
4-1 (g) [(f)] A person selling aerial fireworks or other
4-2 fireworks in a county that has adopted an order under Subsection
4-3 (c) [(b)] shall, at every location at which the person sells
4-4 fireworks in the county, provide reasonable notice of the order and
4-5 reasonable notice of any [the] location [of the safe area]
4-6 designated under Subsection (f) as a safe area [(e)].
4-7 (h) [(g)] An affected party is entitled to injunctive relief
4-8 to prevent the violation or threatened violation of a requirement
4-9 or prohibition established by an order adopted under this section.
4-10 (i) [(h)] A person commits an offense if the person
4-11 knowingly or intentionally violates a prohibition established by an
4-12 order issued under this section. An offense under this subsection
4-13 is a Class C misdemeanor.
4-14 SECTION 2. Nothing in this Act shall be construed to preempt
4-15 or take precedence over any provision of S.B. No. 1, 75th
4-16 Legislature, Regular Session, should such proposal be finally
4-17 enacted.
4-18 SECTION 3. The changes in the law made by this Act apply to
4-19 drought conditions that may arise in any county or part of a county
4-20 in this state. Any regulations adopted prior to the effective date
4-21 of this Act are governed by the law that existed immediately before
4-22 that effective date, and those regulations are continued in effect
4-23 for that purpose until such effective date. Subsequent to the
4-24 effective date of this Act, the provisions of this Act shall
4-25 supersede any other provisions of law or regulations of
4-26 administrative or other governmental bodies.
4-27 SECTION 4. The importance of this legislation and the
5-1 crowded condition of the calendars in both houses create an
5-2 emergency and an imperative public necessity that the
5-3 constitutional rule requiring bills to be read on three several
5-4 days in each house be suspended, and this rule is hereby suspended,
5-5 and that this Act take effect and be in force from and after its
5-6 passage, and it is so enacted.
_______________________________ _______________________________
President of the Senate Speaker of the House
I certify that H.B. No. 2049 was passed by the House on May
2, 1997, by a non-record vote; and that the House concurred in
Senate amendments to H.B. No. 2049 on May 25, 1997, by a non-record
vote; and that the House adopted H.C.R. No. 305 authorizing certain
corrections in H.B. No. 2049 on May 27, 1997, by a non-record vote.
_______________________________
Chief Clerk of the House
I certify that H.B. No. 2049 was passed by the Senate, with
amendments, on May 23, 1997, by the following vote: Yeas 25, Nays
0; and that the Senate adopted H.C.R. No. 305 authorizing certain
corrections in H.B. No. 2049 on June 1, 1997, by a viva-voce vote.
_______________________________
Secretary of the Senate
APPROVED: _____________________
Date
_____________________
Governor