By: Armbrister S.B. No. 939
A BILL TO BE ENTITLED
AN ACT
1-1 relating to the safe use and regulation of fireworks.
1-2 BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
1-3 SECTION 1. The heading of Section 240.904, Local Government
1-4 Code, is amended to read as follows:
1-5 Sec. 240.904. REGULATION OF RESTRICTED [CERTAIN] FIREWORKS.
1-6 SECTION 2. Subdivision (1), Subsection (a), Section 240.904,
1-7 Local Government Code, is amended to read as follows:
1-8 (1) "Restricted [Aerial] fireworks" means only those
1-9 items classified under 49 C.F.R. Sec. 173.100(r)(2) (10-1-86
1-10 edition), as "skyrockets with sticks" and "missiles with fins"
1-11 [other pyrotechnic devices that have fins or rudders for the
1-12 purpose of achieving aerodynamic flight, including devices that
1-13 would be considered a missile or a rocket].
1-14 SECTION 3. Subsections (c), (f), and (g), Section 240.904,
1-15 Local Government Code, are amended to read as follows:
1-16 (c) Upon a determination under this section that drought
1-17 conditions exist within all or part of a specified county, the
1-18 commissioners court of such county by order may prohibit or
1-19 restrict the sale or use of restricted [certain aerial] fireworks
1-20 in all or a portion of the unincorporated area of the county where
1-21 drought conditions have been determined to exist. In addition,
1-22 during the December fireworks season, the commissioners court of a
1-23 county by order may restrict or prohibit the sale or use of
1-24 restricted [certain aerial] fireworks in specified areas when
2-1 conditions on rural acreage in the county not under cultivation for
2-2 a period of at least 12 months are determined to be extremely
2-3 hazardous for the danger of fire because of high grass or dry
2-4 vegetation.
2-5 (f) The county may designate one or more areas of
2-6 appropriate size and accessibility in the county as safe areas
2-7 where the use of restricted [aerial] fireworks is not prohibited.
2-8 The safe area may be provided by the county, a municipality within
2-9 the county, or an individual, business, or corporation. A safe
2-10 area may be designated in and provided in the geographic area of
2-11 the regulatory jurisdiction of a municipality if the activity
2-12 conducted in the safe area is authorized by general law or a
2-13 municipal regulation or ordinance. An area is considered safe if
2-14 adequate public safety and fire protection services are provided to
2-15 the area. A county, municipality, individual, business, or
2-16 corporation is not liable for injuries or damages resulting from
2-17 the designation, maintenance, or use of the safe area.
2-18 (g) A person selling any type of [aerial] fireworks,
2-19 including restricted [or other] fireworks, in a county that has
2-20 adopted an order under Subsection (c) shall, at every location at
2-21 which the person sells fireworks in the county, provide reasonable
2-22 notice of the order and reasonable notice of any location
2-23 designated under Subsection (f) as a safe area.
2-24 SECTION 4. Article 5.43-4, Insurance Code, is amended by
2-25 adding Section 16B to read as follows:
2-26 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
4-1 emergency and an imperative public necessity that the
4-2 constitutional rule requiring bills to be read on three several
4-3 days in each house be suspended, and this rule is hereby suspended.