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.