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.