By: Madla S.B. No. 1126
97S0779/1
A BILL TO BE ENTITLED
AN ACT
1-1 relating to the authority of a county to regulate certain fireworks
1-2 during a drought.
1-3 BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
1-4 SECTION 1. Section 240.904, Local Government Code, is
1-5 amended to read as follows:
1-6 Sec. 240.904. REGULATION OF CERTAIN FIREWORKS. (a) For the
1-7 purposes of this section the following definitions shall apply:
1-8 (1) "Aerial fireworks" means only those items
1-9 classified under 49 C.F.R. Sec. 173.100(r)(2) (10-1-86 edition), as
1-10 "skyrockets with sticks" and other pyrotechnic devices that have
1-11 fins or rudders for the purpose of achieving aerodynamic flight,
1-12 including devices that would be considered a missile or a rocket.
1-13 (2) "Drought conditions" means the existence,
1-14 immediately preceding or during the fireworks season, of specific
1-15 conditions as defined by the Texas Forest Service through the use
1-16 of the Keech-Byrum Index or, when such index is not available,
1-17 through a comparable alternative measurement which takes into
1-18 consideration the burn index for that particular area. ["Climatic
1-19 conditions" shall mean the specific conditions that exist due to a
1-20 severe lack of precipitation in a specified area.]
1-21 (b) (1) The Texas Forest Service, in the ordinary course of
1-22 its activities, shall determine whether drought conditions, as
1-23 defined in Subsection (a)(2), exist in all or part of any county
2-1 requesting such determination; the Texas Forest Service shall make
2-2 available the measurement index guidelines that determine whether a
2-3 particular area is in drought condition. Following a determination
2-4 that drought conditions exist, the Texas Forest Service shall
2-5 notify the affected county or counties when the drought conditions
2-6 no longer exist.
2-7 (2) The Texas Forest Service may accept donations of
2-8 equipment or funds to aid in carrying out its duties under this
2-9 section.
2-10 (c) On a determination under this section that drought
2-11 conditions exist within all or part of a specific county [To
2-12 protect the public health or safety], the commissioners court of
2-13 the [a] county by order may prohibit or restrict the use of certain
2-14 aerial fireworks in all or a portion of the unincorporated area of
2-15 the county where drought conditions have been determined to exist
2-16 [in which the normal danger of fire for that particular time and
2-17 place is greatly enhanced or, according to meteorological
2-18 forecasts, is anticipated to be greatly enhanced by climatic
2-19 conditions]. In addition, during the December fireworks season, the
2-20 commissioners court of a county by order may restrict or prohibit
2-21 the use of certain aerial fireworks in specified areas when
2-22 conditions on rural acreage in the county not under cultivation for
2-23 a period of at least 12 months are determined to be extremely
2-24 hazardous for the danger of fire because of high grass or dry
2-25 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 on
3-8 determination, as provided under Subsection (b), that drought
3-9 conditions no longer exist [may not extend beyond that period that
3-10 the enhanced, hazardous, or anticipated enhanced fire danger
3-11 exists].
3-12 (f) [(e)] The county may designate one or more areas in the
3-13 county of appropriate size and accessibility as "safe areas" [An
3-14 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
4-1 resulting from the designation, maintenance, or use of the safe
4-2 area.
4-3 (g) [(f)] A person selling aerial fireworks or other
4-4 fireworks in a county that has adopted an order under Subsection
4-5 (c) [(b)] shall, at every location at which the person sells
4-6 fireworks in the county, provide reasonable notice of the order and
4-7 reasonable notice of any [the] location [of the safe area]
4-8 designated under Subsection (f) [(e)] as a safe area.
4-9 (h) [(g)] An affected party is entitled to injunctive relief
4-10 to prevent the violation or threatened violation of a requirement
4-11 or prohibition established by an order adopted under this section.
4-12 (i) [(h)] A person commits an offense if the person
4-13 knowingly or intentionally violates a prohibition established by an
4-14 order issued under this section. An offense under this subsection
4-15 is a Class C misdemeanor.
4-16 SECTION 2. The importance of this legislation and the
4-17 crowded condition of the calendars in both houses create an
4-18 emergency and an imperative public necessity that the
4-19 constitutional rule requiring bills to be read on three several
4-20 days in each house be suspended, and this rule is hereby suspended,
4-21 and that this Act take effect and be in force from and after its
4-22 passage, and it is so enacted.