By Palmer H.B. No. 947
76R4577 CAG-D
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(b), Article 5.43-4, Insurance Code, is
1-6 amended to read as follows:
1-7 (b) An offense under this section is a Class C [B]
1-8 misdemeanor, except that the offense is a Class B misdemeanor if it
1-9 is shown on the trial of the offense that the offense resulted in
1-10 bodily injury or in property damage of $200 or more.
1-11 SECTION 2. (a) The change in law made by this Act applies
1-12 only to an offense committed on or after the effective date of this
1-13 Act. For the purposes of this section, an offense is committed
1-14 before the effective date of this Act if any element of the offense
1-15 occurs before that date.
1-16 (b) An offense committed before the effective date of this
1-17 Act is covered by the law in effect when the offense was committed,
1-18 and the former law is continued in effect for that purpose.
1-19 SECTION 3. The importance of this legislation and the
1-20 crowded condition of the calendars in both houses create an
1-21 emergency and an imperative public necessity that the
1-22 constitutional rule requiring bills to be read on three several
1-23 days in each house be suspended, and this rule is hereby suspended,
1-24 and that this Act take effect and be in force from and after its
2-1 passage, and it is so enacted.
2-2 COMMITTEE AMENDMENT NO. 1
2-3 Amend H. B. No. 947 by adding the following appropriately
2-4 numbered sections:
2-5 SECTION ____. Section 19, Article 5.43-4, Insurance Code, is
2-6 amended to read as follows:
2-7 Sec. 19. PENALTIES. (a) A person commits an offense if the
2-8 person knowingly or intentionally violates Section 17 of this
2-9 article.
2-10 (b) [An offense under this section is a Class B misdemeanor.]
2-11 [(c)] Each day that a violation occurs or continues
2-12 constitutes a separate offense.
2-13 (c) [(d)] Venue under this section is in the county in which
2-14 the offense is committed or in Travis County.
2-15 (d) [(e)] If the commissioner determines that a violation of
2-16 this article creates a threat to the public safety, the
2-17 commissioner may bring suit in the district court of the county in
2-18 which the person who committed the offense resides or has an office
2-19 to enjoin the person from engaging in the prohibited activity. The
2-20 commissioner is not required to give bond as a condition to the
2-21 issuance of injunctive relief.
2-22 (e) [(f)] The state fire marshal, a fire chief, a fire
2-23 marshal, their deputies, or a police or peace officer may seize
2-24 illegal fireworks as defined by this article. Fireworks seized in
2-25 the enforcement of this article shall be kept in the custody of the
2-26 seizing agent or the sheriff of the county in which the fireworks
2-27 were seized. The owner of the seized fireworks may file an action
3-1 contesting the seizure in a district court in the county in which
3-2 the fireworks were seized. The court may, not later than the 30th
3-3 day after the hearing on the seizure, authorize the return of part
3-4 or all of the confiscated fireworks. The court shall order any
3-5 fireworks not returned to be destroyed. If an action contesting
3-6 the seizure is not filed by the 30th day after the seizure, the
3-7 seizing agent or the sheriff shall destroy the fireworks.
3-8 (f) Except as provided by Subsections (g) and (h) of this
3-9 section, an offense under this section is a Class B misdemeanor.
3-10 (g) Except as provided by Subsection (h) of this section, a
3-11 violation of Section 17(f)(1), (2), (3), (4), or (5) of this
3-12 article is a Class C misdemeanor.
3-13 (h) If it is shown at the trial of an offense described by
3-14 Subsection (g) of this section that the act constituting the
3-15 offense resulted in property damage of at least $200 or more or in
3-16 bodily injury or death, the offense is a Class B misdemeanor.
3-17 SECTION ____. (a) The change in law made by this Act to
3-18 Section 19, Article 5.43-4, Insurance Code, applies only to an
3-19 offense committed on or after the effective date of this Act. For
3-20 the purposes of this section, an offense is committed before the
3-21 effective date of this Act if any element of the offense occurs
3-22 before that date.
3-23 (b) An offense committed before the effective date of this
3-24 Act is covered by the law in effect when the offense was committed,
3-25 and the former law is continued in effect for that purpose.
3-26 76R5699 CAG-D Smith