By Palmer                                              H.B. No. 947
                                A BILL TO BE ENTITLED
 1-1                                   AN ACT
 1-2     relating to the criminal penalty for a violation of law relating to
 1-3     the regulation of fireworks.
 1-4           BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
 1-5           SECTION 1.  Section 19, Article 5.43-4, Insurance Code, is
 1-6     amended to read as follows:
 1-7           Sec. 19.  PENALTIES.  (a)  A person commits an offense if the
 1-8     person knowingly or intentionally violates Section 17 of this
 1-9     article.
1-10           (b)  [An offense under this section is a Class B misdemeanor.]
1-11           [(c)]  Each day that a violation occurs or continues
1-12     constitutes a separate offense.
1-13           (c) [(d)]  Venue under this section is in the county in which
1-14     the offense is committed or in Travis County.
1-15           (d) [(e)]  If the commissioner determines that a violation of
1-16     this article creates a threat to the public safety, the
1-17     commissioner may bring suit in the district court of the county in
1-18     which the person who committed the offense resides or has an office
1-19     to enjoin the person from engaging in the prohibited activity.  The
1-20     commissioner is not required to give bond as a condition to the
1-21     issuance of injunctive relief.
1-22           (e) [(f)]  The state fire marshal, a fire chief, a fire
1-23     marshal, their deputies, or a police or peace officer may seize
1-24     illegal fireworks as defined by this article.  Fireworks seized in
 2-1     the enforcement of this article shall be kept in the custody of the
 2-2     seizing agent or the sheriff of the county in which the fireworks
 2-3     were seized.  The owner of the seized fireworks may file an action
 2-4     contesting the seizure in a district court in the county in which
 2-5     the fireworks were seized.  The court may, not later than the 30th
 2-6     day after the hearing on the seizure, authorize the return of part
 2-7     or all of the confiscated fireworks.  The court shall order any
 2-8     fireworks not returned to be destroyed.  If an action contesting
 2-9     the seizure is not filed by the 30th day after the seizure, the
2-10     seizing agent or the sheriff shall destroy the fireworks.
2-11           (f)  Except as provided by Subsections (g) and (h) of this
2-12     section, an offense under this section is a Class B misdemeanor.
2-13           (g)  Except as provided by Subsection (h) of this section, a
2-14     violation of Section 17(f)(1), (2), (3), (4), or (5) of this
2-15     article is a Class C misdemeanor.
2-16           (h)  If it is shown at the trial of an offense described by
2-17     Subsection (g) of this section that the act constituting the
2-18     offense resulted in property damage of at least $200 or more or in
2-19     bodily injury or death, the offense is a Class B misdemeanor.
2-20           SECTION 2.  (a)  The change in law made by this Act to
2-21     Section 19, Article 5.43-4, Insurance Code, applies only to an
2-22     offense committed on or after the effective date of this Act. For
2-23     the purposes of this section, an offense is committed before the
2-24     effective date of this Act if any element of the offense occurs
2-25     before that date.
2-26           (b)  An offense committed before the effective date of this
2-27     Act is covered by the law in effect when the offense was committed,
 3-1     and the former law is continued in effect for that purpose.
 3-2           SECTION 3.  The importance of this legislation and the
 3-3     crowded condition of the calendars in both houses create an
 3-4     emergency and an imperative public necessity that the
 3-5     constitutional rule requiring bills to be read on three several
 3-6     days in each house be suspended, and this rule is hereby suspended,
 3-7     and that this Act take effect and be in force from and after its
 3-8     passage, and it is so enacted.