By Palmer                                             H.B. No. 1008
         76R4798 CAG-D                           
                                A BILL TO BE ENTITLED
 1-1                                   AN ACT
 1-2     relating to the seizure of illegal fireworks.
 1-3           BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
 1-4           SECTION 1.  Section 19(f), Article 5.43-4, Insurance Code, is
 1-5     amended to read as follows:
 1-6           (f)  The state fire marshal, a fire chief, a fire marshal,
 1-7     their deputies, or a police or peace officer may seize illegal
 1-8     fireworks as defined by this article from any person, including a
 1-9     manufacturer, distributor, retailer, jobber, or consumer.
1-10     Fireworks seized in the enforcement of this article shall be kept
1-11     in the custody of the seizing agent or the sheriff of the county in
1-12     which the fireworks were seized.  The owner of the seized fireworks
1-13     may file an action contesting the seizure in a district court in
1-14     the county in which the fireworks were seized.  The court may, not
1-15     later than the 30th day after the hearing on the seizure, authorize
1-16     the return of part or all of the confiscated fireworks.  The court
1-17     shall order any fireworks not returned to be destroyed.  If an
1-18     action contesting the seizure is not filed by the 30th day after
1-19     the seizure, the seizing agent or the sheriff shall destroy the
1-20     fireworks.
1-21           SECTION 2.  This Act takes effect September 1, 1999, and
1-22     applies only to the seizure of illegal fireworks on or after the
1-23     effective date of this Act. A seizure of illegal fireworks before
1-24     the effective date of this Act is governed  by the law as it
 2-1     existed at the time of the seizure, and that law is continued in
 2-2     effect for that purpose.
 2-3           SECTION 3.  The importance of this legislation and the
 2-4     crowded condition of the calendars in both houses create an
 2-5     emergency and an imperative public necessity that the
 2-6     constitutional rule requiring bills to be read on three several
 2-7     days in each house be suspended, and this rule is hereby suspended.