By Goolsby                                            H.B. No. 2677
         76R5707 CAG-F                           
                                A BILL TO BE ENTITLED
 1-1                                   AN ACT
 1-2     relating to the safe use and 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 RESTRICTED [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)  "Restricted fireworks [Aerial fireworks]" means
1-10     only those items classified under 49 C.F.R. Sec. 173.100(r)(2)
1-11     (10-1-86 edition), as "skyrockets with sticks" and "missiles with
1-12     fins" [other pyrotechnic devices that have fins or rudders for the
1-13     purpose of achieving aerodynamic flight, including devices that
1-14     would be considered a missile or a rocket].
1-15           SECTION 3.  Sections 240.904(c), (f), and (g), Local
1-16     Government Code, are amended to read as follows:
1-17           (c)  Upon a determination under this section that drought
1-18     conditions exist within all or part of a specified county, the
1-19     commissioners court of such county by order may prohibit or
1-20     restrict the sale or use of restricted [certain aerial] fireworks
1-21     in all or a portion of the unincorporated area of the county where
1-22     drought conditions have been determined to exist.  In addition,
1-23     during the December fireworks season, the commissioners court of a
1-24     county by order may restrict or prohibit the sale or use of
 2-1     restricted [certain aerial] fireworks in specified areas when
 2-2     conditions on rural acreage in the county not under cultivation for
 2-3     a period of at least 12 months are determined to be extremely
 2-4     hazardous for the danger of fire because of high grass or dry
 2-5     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 restricted [aerial] fireworks is not prohibited.
 2-9     The safe area may be provided by the county, a  municipality within
2-10     the county, or an individual, business, or corporation.  A safe
2-11     area may be designated in and provided in the geographic area of
2-12     the regulatory jurisdiction of a municipality if the activity
2-13     conducted in the safe area is authorized by general law or a
2-14     municipal regulation or ordinance.  An area is considered safe if
2-15     adequate public safety and fire protection services are provided to
2-16     the area.  A county, municipality, individual, business, or
2-17     corporation is not liable for injuries or damages resulting from
2-18     the designation, maintenance, or use of the safe area.
2-19           (g)  A person selling any type of [aerial] fireworks,
2-20     including restricted [or other] fireworks, in a county that has
2-21     adopted an order under Subsection (c) shall, at every location at
2-22     which the person sells fireworks in the county, provide reasonable
2-23     notice of the order and reasonable notice of any location
2-24     designated under Subsection (f) as a safe area.
2-25           SECTION 4.  Article 5.43-4, Insurance Code, is amended by
2-26     adding Section 16B to read as follows:
2-27           Sec. 16B.  FIREWORKS SAFETY AND EDUCATION PROGRAM.  (a)  The
 3-1     commissioner shall establish a fireworks safety and education
 3-2     program. The program shall provide information relating to the
 3-3     proper and safe use of fireworks and the dangers of the improper
 3-4     use of fireworks.
 3-5           (b)  A program established under this section shall be
 3-6     administered by the advisory council established under Section 5B
 3-7     of this article. The program may include any method of
 3-8     communicating the need for safe use of fireworks and the dangers of
 3-9     improper use. A program the advisory council proposes to present
3-10     must be approved by the commissioner.
3-11           (c)  In order to fund the program established under this
3-12     section, the holder of the following licenses shall pay a fee, in
3-13     addition to any other license fee, in the following amounts:
3-14                 (1)  the holder of a retail permit issued under Section
3-15     8 of this article--$10; and
3-16                 (2)  the holder of a manufacturer's, distributor's, or
3-17     jobber's license issued under Section 6 of this article--$250.
3-18           (d)  Funds collected under Subsection (c) of this section may
3-19     be used only by the commissioner for the purposes of this section.
3-20           SECTION 5.  (a)  This Act takes effect September 1, 1999.
3-21           (b)  Section 16B, Article 5.43-4, Insurance Code, as added by
3-22     this Act, applies only to the issuance of or renewal of a retail
3-23     permit or manufacturer's, distributor's, or jobber's license issued
3-24     or renewed on or after September 1, 1999.
3-25           SECTION 6.  The importance of this legislation and the
3-26     crowded condition of the calendars in both houses create an
3-27     emergency and an imperative public necessity that the
 4-1     constitutional rule requiring bills to be read on three several
 4-2     days in each house be suspended, and this rule is hereby suspended.