1-1 By: Hightower (Senate Sponsor - Madla) H.B. No. 2049
1-2 (In the Senate - Received from the House May 5, 1997;
1-3 May 6, 1997, read first time and referred to Committee on
1-4 Intergovernmental Relations; May 14, 1997, reported favorably, as
1-5 amended, by the following vote: Yeas 10, Nays 0; May 14, 1997,
1-6 sent to printer.)
1-7 COMMITTEE AMENDMENT NO. 1 By: Cain
1-8 Amend H.B. No. 2049, Section 1, Sec. 240.904 (a)(2) by deleting the
1-9 current section in its entirety and substituting in lieu thereof
1-10 the following:
1-11 (2) "Drought conditions" shall mean the existence immediately
1-12 preceding or during the fireworks season of a long term deficit of
1-13 moisture creating atypically severe conditions with increased
1-14 wildfire occurrence as defined by the Texas Forest Service through
1-15 the use of the Keetch-Byram Drought Index, or when such index is
1-16 not available, through a comparable measurement which takes into
1-17 consideration the burning index, spread component or ignition
1-18 component for that particular area. ["Climatic conditions" shall
1-19 mean specific conditions that exist due to a severe lack of
1-20 precipitation in a specified area.]
1-21 COMMITTEE AMENDMENT NO. 2 By: Cain
1-22 Amend H.B. No. 2049, Section 1, by adding a new subsection (j) to
1-23 read as follows:
1-24 (j) The changes in the law made by this Act apply to
1-25 drought conditions that may arise in any county or part
1-26 of a county in this State. Any regulations adopted
1-27 prior to the effective date of this Act are governed by
1-28 the law that existed immediately before that effective
1-29 date and those regulations are continued in effect for
1-30 that purpose until such effective date. Subsequent to
1-31 the effective date of this Act the provisions of this
1-32 Act shall supersede any other provisions of law or
1-33 regulations of administrative or other governmental
1-34 bodies.
1-35 A BILL TO BE ENTITLED
1-36 AN ACT
1-37 relating to the authority of a county to regulate certain fireworks
1-38 during a drought.
1-39 BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
1-40 SECTION 1. Section 240.904, Local Government Code, is
1-41 amended to read as follows:
1-42 Sec. 240.904. Regulation of Certain Fireworks. (a) For the
1-43 purposes of this section the following definitions shall apply:
1-44 (1) "Aerial fireworks" means only those items
1-45 classified under 49 C.F.R. Sec. 173.100(r)(2) (10-1-86 edition),
1-46 as "skyrockets with sticks" and other pyrotechnic devices that have
1-47 fins or rudders for the purpose of achieving aerodynamic flight,
1-48 including devices that would be considered a missile or a rocket.
1-49 (2) "Drought conditions" shall mean the existence
1-50 immediately preceding or during the fireworks season of specific
1-51 conditions as defined by the Texas Forest Service through the use
1-52 of the Keech-Byrum Index, or when such index is not available,
1-53 through a comparable alternative measurement that takes into
1-54 consideration the burn index for that particular [Climatic
1-55 conditions" shall mean specific conditions that exist due to a
1-56 severe lack of precipitation in a specified] area.
1-57 (b)(1) The Texas Forest Service in the ordinary course of
1-58 its activities shall determine whether drought conditions, as
1-59 defined under Subsection (a)(2), exist in all or part of any county
1-60 requesting such determination. The Texas Forest Service shall make
1-61 available the measurement index guidelines that determine whether a
1-62 particular area is in drought condition. Following any
1-63 determination that such drought conditions exist, the Texas Forest
1-64 Service shall notify said county or counties when such drought
2-1 conditions no longer exist.
2-2 (2) The Texas Forest Service shall be allowed to take
2-3 such donations of equipment or funds as necessary to aid in the
2-4 carrying out of this section.
2-5 (c) Upon a determination under this section that drought
2-6 conditions exist within all or part of a specified county [To
2-7 protect the public health or safety], the commissioners court of
2-8 such [a] county by order may prohibit or restrict the use of
2-9 certain aerial fireworks in all or a portion of the unincorporated
2-10 area of the county where drought conditions have been determined to
2-11 exist [in which the normal danger of fire for that particular time
2-12 and place is greatly enhanced or, according to meteorological
2-13 forecasts, is anticipated to be greatly enhanced by climatic
2-14 conditions]. In addition, during the December fireworks season,
2-15 the commissioners court of a county by order may restrict or
2-16 prohibit the use of certain aerial fireworks in specified areas
2-17 when conditions on rural acreage in the county not under
2-18 cultivation for a period of at least 12 months are determined to be
2-19 extremely hazardous for the danger of fire because of high grass or
2-20 dry vegetation.
2-21 (d) [(c)] To facilitate compliance with an order adopted
2-22 under Subsection (c) [(b)], the order must be adopted before:
2-23 (1) June 15 of each year for the Fourth of July
2-24 fireworks season; and
2-25 (2) December 15 of each year for each December
2-26 fireworks season.
2-27 (e) [(d)] An order issued under this section shall expire
2-28 upon determination as provided under Subsection (b) that such
2-29 drought conditions no longer exist [may not extend beyond the
2-30 period that the enhanced, hazardous, or anticipated enhanced fire
2-31 danger exists].
2-32 (f) The county may designate one or more areas of
2-33 appropriate size and accessibility in the county as safe areas
2-34 [(e) An order under this section is enforceable only if the order
2-35 designates at least one safe area of appropriate size and
2-36 accessibility in the county] where the use of aerial fireworks is
2-37 not prohibited. The safe area may be provided by the county, a
2-38 municipality within the county, or an individual, business, or
2-39 corporation. A safe area may be designated in and provided in the
2-40 geographic area of the regulatory jurisdiction of a municipality if
2-41 the activity conducted in the safe area is authorized by general
2-42 law or a municipal regulation or ordinance. An area is considered
2-43 safe if adequate public safety and fire protection services are
2-44 provided to the area. A county, municipality, individual,
2-45 business, or corporation is not liable for injuries or damages
2-46 resulting from the designation, maintenance, or use of the safe
2-47 area.
2-48 (g) [(f)] A person selling aerial fireworks or other
2-49 fireworks in a county that has adopted an order under Subsection
2-50 (c) [(b)] shall, at every location at which the person sells
2-51 fireworks in the county, provide reasonable notice of the order and
2-52 reasonable notice of any [the] location [of the safe area]
2-53 designated under Subsection (f) as a safe area [(e)].
2-54 (h) [(g)] An affected party is entitled to injunctive relief
2-55 to prevent the violation or threatened violation of a requirement
2-56 or prohibition established by an order adopted under this section.
2-57 (i) [(h)] A person commits an offense if the person
2-58 knowingly or intentionally violates a prohibition established by an
2-59 order issued under this section. An offense under this subsection
2-60 is a Class C misdemeanor.
2-61 SECTION 2. The importance of this legislation and the
2-62 crowded condition of the calendars in both houses create an
2-63 emergency and an imperative public necessity that the
2-64 constitutional rule requiring bills to be read on three several
2-65 days in each house be suspended, and this rule is hereby suspended,
2-66 and that this Act take effect and be in force from and after its
2-67 passage, and it is so enacted.
2-68 * * * * *