By Bosse H.B. No. 1728 76R3997 CAG-F A BILL TO BE ENTITLED 1-1 AN ACT 1-2 relating to the authority of the commissioners court of a county to 1-3 regulate the use of fireworks in a residential subdivision; 1-4 providing a criminal penalty. 1-5 BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS: 1-6 SECTION 1. Section 240.904(c), Local Government Code, is 1-7 amended to read as follows: 1-8 (c) Upon a determination under this section that drought 1-9 conditions exist within all or part of a specified county, the 1-10 commissioners court of such county by order may prohibit or 1-11 restrict the use of certain aerial fireworks in all or a portion of 1-12 the unincorporated area of the county where drought conditions have 1-13 been determined to exist. In addition, during the December 1-14 fireworks season, the commissioners court of a county by order may 1-15 restrict or prohibit the use of certain aerial fireworks in 1-16 specified areas when conditions on rural acreage in the county not 1-17 under cultivation for a period of at least 12 months are determined 1-18 to be extremely hazardous for the danger of fire because of high 1-19 grass or dry vegetation. The authority of a commissioners court 1-20 under this section is in addition to the commissioners court's 1-21 authority to regulate the use of fireworks under Section 240.9045. 1-22 SECTION 2. Subchapter Z, Chapter 240, Local Government Code, 1-23 is amended by adding Section 240.9045 to read as follows: 1-24 Sec. 240.9045. ADDITIONAL REGULATION OF USE OF FIREWORKS IN 2-1 COUNTY. (a) In this section: 2-2 (1) "Fireworks" means any composition or device 2-3 primarily designed for entertainment purposes that produces a 2-4 visible or audible effect by combustion, explosion, deflagration, 2-5 or detonation. 2-6 (2) "Residential subdivision" means a subdivision: 2-7 (A) for which a plat is recorded in the county 2-8 real property records; and 2-9 (B) in which the majority of lots are subject to 2-10 deed restrictions limiting the lots to residential use. 2-11 (b) The commissioners court of a county by order may 2-12 prohibit or otherwise regulate the use of fireworks in a 2-13 residential subdivision located in all or part of the 2-14 unincorporated area of the county. 2-15 (c) The commissioners court may exempt certain types or uses 2-16 of fireworks from prohibition or regulation. 2-17 (d) A person selling fireworks in a county that has adopted 2-18 an order under Subsection (b) shall, at every location at which the 2-19 person sells fireworks in the county, provide reasonable notice of 2-20 the order and reasonable notice of the location of the area 2-21 designated under Subsection (b). 2-22 (e) If an order adopted under this section conflicts with a 2-23 municipal ordinance, the municipal ordinance prevails within the 2-24 municipality's jurisdiction to the extent of the conflict. 2-25 (f) A person commits an offense if the person knowingly 2-26 violates a prohibition or other regulation established by an order 2-27 of a commissioners court under this section. An offense under this 3-1 subsection is a Class C misdemeanor. 3-2 SECTION 3. The importance of this legislation and the 3-3 crowded condition of the calendars in both houses create an 3-4 emergency and an imperative public necessity that the 3-5 constitutional rule requiring bills to be read on three several 3-6 days in each house be suspended, and this rule is hereby suspended, 3-7 and that this Act take effect and be in force from and after its 3-8 passage, and it is so enacted.