By Olivo                                              H.B. No. 1647
         76R3417 PAM-D                           
                                A BILL TO BE ENTITLED
 1-1                                   AN ACT
 1-2     relating to prohibiting discharging fireworks in certain
 1-3     residential areas.
 1-4           BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
 1-5           SECTION 1.  Subchapter Z, Chapter 240, Local Government Code,
 1-6     is amended by adding Section 240.9041 to read as follows:
 1-7           Sec. 240.9041.  DISCHARGE OF FIREWORKS PROHIBITED IN CERTAIN
 1-8     RESIDENTIAL AREAS.  (a)  In this section, "fireworks" means any
 1-9     composition or device designed for entertainment to produce a
1-10     visible or audible effect by combustion, explosion, deflagration,
1-11     or detonation, and that is defined in 49 C.F.R. Section 173.56(j).
1-12           (b)  This section applies only to the unincorporated area of
1-13     a county.
1-14           (c)  A person commits an offense if the person knowingly or
1-15     intentionally discharges fireworks:
1-16                 (1)  within 300 feet of a residence; or
1-17                 (2)  within the boundaries of a subdivision that is
1-18     intended primarily for residential purposes, that has five or more
1-19     residences, and for which a plat has been filed with and approved
1-20     by the county.
1-21           (d)  An offense under this section is a Class C misdemeanor.
1-22           SECTION 2.  This Act takes effect September 1, 1999.
1-23           SECTION 3.  The importance of this legislation and the
1-24     crowded condition of the calendars in both houses create an
 2-1     emergency and an imperative public necessity that the
 2-2     constitutional rule requiring bills to be read on three several
 2-3     days in each house be suspended, and this rule is hereby suspended.