By Swinford                                           H.B. No. 2279
         76R7853 PAM-D                           
                                A BILL TO BE ENTITLED
 1-1                                   AN ACT
 1-2     relating to county regulation of fireworks.
 1-3           BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
 1-4           SECTION 1.  The heading of Section 240.904, Local Government
 1-5     Code, is amended to read as follows:
 1-6           Sec. 240.904.  REGULATION OF [CERTAIN] FIREWORKS.
 1-7           SECTION 2.  Section 240.904(a)(1), Local Government Code, is
 1-8     amended to read as follows:
 1-9                 (1)  "Fireworks" has the meaning assigned by Section 1,
1-10     Article 5.43-4, Insurance Code [Aerial fireworks" means only those
1-11     items  classified under 49 C.F.R. Sec. 173.100(r)(2) (10-1-86
1-12     edition), as "skyrockets with sticks" and other pyrotechnic devices
1-13     that have fins or rudders for the purpose of achieving aerodynamic
1-14     flight, including devices that would be considered a missile or a
1-15     rocket].
1-16           SECTION 3.  Sections 240.904(c), (f), and (g), Local
1-17     Government Code, are amended to read as follows:
1-18           (c)  Upon a determination under this section that drought
1-19     conditions exist within all or part of a specified county, the
1-20     commissioners court of such county by order may prohibit or
1-21     restrict the use of [certain aerial] fireworks in all or a portion
1-22     of the unincorporated area of the county where drought conditions
1-23     have been determined to exist.  In addition, during the December
1-24     fireworks season, the commissioners court of a county by order may
 2-1     restrict or prohibit the use of [certain aerial] fireworks in
 2-2     specified areas when conditions on rural acreage in the county not
 2-3     under cultivation for a period of at least 12 months are determined
 2-4     to be extremely hazardous for the danger of fire because of high
 2-5     grass or dry vegetation.
 2-6           (f)  The county may designate one or more areas of
 2-7     appropriate size and accessibility in the county as safe areas
 2-8     where the use of [aerial] fireworks is not prohibited.  The safe
 2-9     area may be provided by the county, a municipality within the
2-10     county, or an individual, business, or corporation.  A safe area
2-11     may be designated in and provided in the geographic area of the
2-12     regulatory jurisdiction of a municipality if the activity conducted
2-13     in the safe area is authorized by general law or a municipal
2-14     regulation or ordinance.  An area is considered safe if adequate
2-15     public safety and fire protection services are provided to the
2-16     area.  A county, municipality, individual, business, or corporation
2-17     is not liable for injuries or damages resulting from the
2-18     designation, maintenance, or use of the safe area.
2-19           (g)  A person selling [aerial] fireworks [or other fireworks]
2-20     in a county that has adopted an order under Subsection (c) shall,
2-21     at every location at which the person sells fireworks in the
2-22     county, provide reasonable notice of the order and reasonable
2-23     notice of any location designated under Subsection (f) as a safe
2-24     area.
2-25           SECTION 4.  The importance of this legislation and the
2-26     crowded condition of the calendars in both houses create an
2-27     emergency and an imperative public necessity that the
 3-1     constitutional rule requiring bills to be read on three several
 3-2     days in each house be suspended, and this rule is hereby suspended,
 3-3     and that this Act take effect and be in force from and after its
 3-4     passage, and it is so enacted.