1-1 By: Palmer (Senate Sponsor - Harris) H.B. No. 947
1-2 (In the Senate - Received from the House May 11, 1999;
1-3 May 12, 1999, read first time and referred to Committee on Criminal
1-4 Justice; May 14, 1999, reported favorably by the following vote:
1-5 Yeas 4, Nays 0; May 14, 1999, sent to printer.)
1-6 A BILL TO BE ENTITLED
1-7 AN ACT
1-8 relating to the criminal penalty for a violation of law relating to
1-9 the regulation of fireworks.
1-10 BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
1-11 SECTION 1. Section 19, Article 5.43-4, Insurance Code, is
1-12 amended to read as follows:
1-13 Sec. 19. PENALTIES. (a) A person commits an offense if the
1-14 person knowingly or intentionally violates Section 17 of this
1-15 article.
1-16 (b) [An offense under this section is a Class B misdemeanor.]
1-17 [(c)] Each day that a violation occurs or continues
1-18 constitutes a separate offense.
1-19 (c) [(d)] Venue under this section is in the county in which
1-20 the offense is committed or in Travis County.
1-21 (d) [(e)] If the commissioner determines that a violation of
1-22 this article creates a threat to the public safety, the
1-23 commissioner may bring suit in the district court of the county in
1-24 which the person who committed the offense resides or has an office
1-25 to enjoin the person from engaging in the prohibited activity. The
1-26 commissioner is not required to give bond as a condition to the
1-27 issuance of injunctive relief.
1-28 (e) [(f)] The state fire marshal, a fire chief, a fire
1-29 marshal, their deputies, or a police or peace officer may seize
1-30 illegal fireworks as defined by this article. Fireworks seized in
1-31 the enforcement of this article shall be kept in the custody of the
1-32 seizing agent or the sheriff of the county in which the fireworks
1-33 were seized. The owner of the seized fireworks may file an action
1-34 contesting the seizure in a district court in the county in which
1-35 the fireworks were seized. The court may, not later than the 30th
1-36 day after the hearing on the seizure, authorize the return of part
1-37 or all of the confiscated fireworks. The court shall order any
1-38 fireworks not returned to be destroyed. If an action contesting
1-39 the seizure is not filed by the 30th day after the seizure, the
1-40 seizing agent or the sheriff shall destroy the fireworks.
1-41 (f) Except as provided by Subsections (g) and (h) of this
1-42 section, an offense under this section is a Class B misdemeanor.
1-43 (g) Except as provided by Subsection (h) of this section, a
1-44 violation of Section 17(f)(1), (2), (3), (4), or (5) of this
1-45 article is a Class C misdemeanor.
1-46 (h) If it is shown at the trial of an offense described by
1-47 Subsection (g) of this section that the act constituting the
1-48 offense resulted in property damage of at least $200 or more or in
1-49 bodily injury or death, the offense is a Class B misdemeanor.
1-50 SECTION 2. (a) The change in law made by this Act to
1-51 Section 19, Article 5.43-4, Insurance Code, applies only to an
1-52 offense committed on or after the effective date of this Act. For
1-53 the purposes of this section, an offense is committed before the
1-54 effective date of this Act if any element of the offense occurs
1-55 before that date.
1-56 (b) An offense committed before the effective date of this
1-57 Act is covered by the law in effect when the offense was committed,
1-58 and the former law is continued in effect for that purpose.
1-59 SECTION 3. The importance of this legislation and the
1-60 crowded condition of the calendars in both houses create an
1-61 emergency and an imperative public necessity that the
1-62 constitutional rule requiring bills to be read on three several
1-63 days in each house be suspended, and this rule is hereby suspended,
1-64 and that this Act take effect and be in force from and after its
2-1 passage, and it is so enacted.
2-2 * * * * *