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.