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.