By Hamric, et al. H.B. No. 890 Substitute the following for H.B. No. 890: By Wolens C.S.H.B. No. 890 A BILL TO BE ENTITLED 1-1 AN ACT 1-2 relating to the regulation of fireworks by certain counties; 1-3 providing a criminal penalty. 1-4 BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS: 1-5 SECTION 1. Subchapter Z, Chapter 240, Local Government Code, 1-6 is amended by adding Section 240.9045 to read as follows: 1-7 Sec. 240.9045. ADDITIONAL COUNTY REGULATION OF FIREWORKS. 1-8 (a) This section applies only to a county that has a population of 1-9 2.8 million or more. 1-10 (b) In this section, "fireworks" means any composition or 1-11 device designed for entertainment to produce a visible or audible 1-12 effect by combustion, explosion, deflagration, or detonation. 1-13 (c) This section does not apply to: 1-14 (1) toy pistols, toy canes, toy guns, or other devices 1-15 that use paper or plastic caps in sheets, strips, rolls, or 1-16 individual caps containing not more than an average of 25 1-17 hundredths of a grain of explosive composition for each cap and 1-18 that are packed and shipped according to 49 C.F.R. Part 173 (1996); 1-19 (2) model rockets and model rocket motors designed, 1-20 sold, and used for the purpose of propelling recoverable aero 1-21 models; 1-22 (3) propelling or expelling charges consisting of a 1-23 mixture of sulfur, charcoal, and potassium nitrate; 1-24 (4) novelties and trick noisemakers; 2-1 (5) the sale, at wholesale, of any type of fireworks 2-2 by a resident manufacturer, distributor, importer, or jobber if the 2-3 fireworks are intended for shipment directly out of state in 2-4 accordance with the regulations of the United States Department of 2-5 Transportation; 2-6 (6) the sale, and use in emergency situations, of 2-7 pyrotechnic signaling devices or distress signals for marine, 2-8 aviation, or highway use; 2-9 (7) the use of fusee and railway torpedoes by 2-10 railroads; 2-11 (8) the sale of blank cartridges for use in radio, 2-12 television, film, or theater productions, for signal or ceremonial 2-13 purposes in athletic events, or for industrial purposes; 2-14 (9) the use of any pyrotechnic device by military 2-15 organizations; or 2-16 (10) a public fireworks display conducted by a 2-17 licensed pyrotechnic operator. 2-18 (d) To protect the public health or safety, the 2-19 commissioners court of a county by order may prohibit or otherwise 2-20 regulate the use of fireworks within 600 feet of residences in all 2-21 or any part of the unincorporated area of the county. 2-22 (e) The authority provided in this section is in addition to 2-23 the county's authority to regulate fireworks under Section 240.904. 2-24 (f) A person selling fireworks in a county that has adopted 2-25 an order under Subsection (d) shall, at every location at which the 2-26 person sells fireworks in the county, provide reasonable notice of 2-27 the order and reasonable notice of any area where the use of 3-1 fireworks is prohibited or regulated under Subsection (d). 3-2 (g) A commissioners court that adopts an order under 3-3 Subsection (d) shall send a copy of the order to the state fire 3-4 marshal not later than the 30th day after the date the order is 3-5 adopted. 3-6 (h) The state fire marshal shall send a copy of each order 3-7 received under Subsection (g) to each licensed manufacturer, 3-8 distributor, and jobber in the affected county not later than the 3-9 30th day after the date the fire marshal receives the order. 3-10 (h) A person commits an offense if the person knowingly 3-11 violates a prohibition or other regulation established by an order 3-12 adopted under this section. An offense under this subsection is a 3-13 Class C misdemeanor. 3-14 SECTION 2. The importance of this legislation and the 3-15 crowded condition of the calendars in both houses create an 3-16 emergency and an imperative public necessity that the 3-17 constitutional rule requiring bills to be read on three several 3-18 days in each house be suspended, and this rule is hereby suspended, 3-19 and that this Act take effect and be in force from and after its 3-20 passage, and it is so enacted.