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.