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