By Haywood S.B. No. 306
75R963 DRH-D
A BILL TO BE ENTITLED
1-1 AN ACT
1-2 relating to the regulation by a county of fireworks during a
1-3 drought period.
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 by amending Subsection (a) and adding Subsection (i) to
1-7 read as follows:
1-8 (a) For the purposes of this section the following
1-9 definitions shall apply:
1-10 (1) "Aerial fireworks" means only those items
1-11 classified under 49 C.F.R. Sec. 173.100(r)(2) (10-1-86 edition), as
1-12 "skyrockets with sticks" and other pyrotechnic devices that have
1-13 fins or rudders for the purpose of achieving aerodynamic flight,
1-14 including devices that would be considered a missile or a rocket.
1-15 (2) "Climatic conditions" shall mean specific
1-16 conditions that exist due to a severe lack of precipitation in a
1-17 specified area.
1-18 (3) "Common fireworks" means any composition or device
1-19 designed primarily to produce visible or audio effect for an
1-20 entertainment purpose by combustion, explosion, deflagration, or
1-21 detonation and that is classified as a Class 1, Division 1.4
1-22 explosive under 49 C.F.R. Sec. 173.50 (1995) by the United States
1-23 Department of Transportation.
1-24 (i) If the governor or the state fire marshal makes a
2-1 determination that climatic conditions exist for fire danger in the
2-2 county, the county commissioners court may regulate common
2-3 fireworks in the same manner as aerial fireworks under this
2-4 section. A determination under this section is valid for a single
2-5 fireworks season and for purposes of allowing regulation under this
2-6 subsection may not be issued later than:
2-7 (1) June 1 of each year for the Fourth of July
2-8 fireworks season; and
2-9 (2) December 1 of each year for the December fireworks
2-10 season.
2-11 SECTION 2. This Act takes effect September 1, 1997.
2-12 SECTION 3. The importance of this legislation and the
2-13 crowded condition of the calendars in both houses create an
2-14 emergency and an imperative public necessity that the
2-15 constitutional rule requiring bills to be read on three several
2-16 days in each house be suspended, and this rule is hereby suspended.