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.