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.