1-1 By: Armbrister S.B. No. 939
1-2 (In the Senate - Filed March 5, 1999; March 8, 1999, read
1-3 first time and referred to Committee on Intergovernmental
1-4 Relations; April 15, 1999, reported favorably by the following
1-5 vote: Yeas 5, Nays 0; April 15, 1999, sent to printer.)
1-6 A BILL TO BE ENTITLED
1-7 AN ACT
1-8 relating to the safe use and regulation of fireworks.
1-9 BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
1-10 SECTION 1. The heading of Section 240.904, Local Government
1-11 Code, is amended to read as follows:
1-12 Sec. 240.904. REGULATION OF RESTRICTED [CERTAIN] FIREWORKS.
1-13 SECTION 2. Subdivision (1), Subsection (a), Section 240.904,
1-14 Local Government Code, is amended to read as follows:
1-15 (1) "Restricted [Aerial] fireworks" means only those
1-16 items classified under 49 C.F.R. Sec. 173.100(r)(2) (10-1-86
1-17 edition), as "skyrockets with sticks" and "missiles with fins"
1-18 [other pyrotechnic devices that have fins or rudders for the
1-19 purpose of achieving aerodynamic flight, including devices that
1-20 would be considered a missile or a rocket].
1-21 SECTION 3. Subsections (c), (f), and (g), Section 240.904,
1-22 Local Government Code, are amended to read as follows:
1-23 (c) Upon a determination under this section that drought
1-24 conditions exist within all or part of a specified county, the
1-25 commissioners court of such county by order may prohibit or
1-26 restrict the sale or use of restricted [certain aerial] fireworks
1-27 in all or a portion of the unincorporated area of the county where
1-28 drought conditions have been determined to exist. In addition,
1-29 during the December fireworks season, the commissioners court of a
1-30 county by order may restrict or prohibit the sale or use of
1-31 restricted [certain aerial] fireworks in specified areas when
1-32 conditions on rural acreage in the county not under cultivation for
1-33 a period of at least 12 months are determined to be extremely
1-34 hazardous for the danger of fire because of high grass or dry
1-35 vegetation.
1-36 (f) The county may designate one or more areas of
1-37 appropriate size and accessibility in the county as safe areas
1-38 where the use of restricted [aerial] fireworks is not prohibited.
1-39 The safe area may be provided by the county, a municipality within
1-40 the county, or an individual, business, or corporation. A safe
1-41 area may be designated in and provided in the geographic area of
1-42 the regulatory jurisdiction of a municipality if the activity
1-43 conducted in the safe area is authorized by general law or a
1-44 municipal regulation or ordinance. An area is considered safe if
1-45 adequate public safety and fire protection services are provided to
1-46 the area. A county, municipality, individual, business, or
1-47 corporation is not liable for injuries or damages resulting from
1-48 the designation, maintenance, or use of the safe area.
1-49 (g) A person selling any type of [aerial] fireworks,
1-50 including restricted [or other] fireworks, in a county that has
1-51 adopted an order under Subsection (c) shall, at every location at
1-52 which the person sells fireworks in the county, provide reasonable
1-53 notice of the order and reasonable notice of any location
1-54 designated under Subsection (f) as a safe area.
1-55 SECTION 4. Article 5.43-4, Insurance Code, is amended by
1-56 adding Section 16B to read as follows:
1-57 Sec. 16B. FIREWORKS SAFETY AND EDUCATION PROGRAM. (a) The
1-58 commissioner shall establish a fireworks safety and education
1-59 program. The program shall provide information relating to the
1-60 proper and safe use of fireworks and the dangers of the improper
1-61 use of fireworks.
1-62 (b) A program established under this section shall be
1-63 administered by the advisory council established under Section 5B
1-64 of this article. The program may include any method of
2-1 communicating the need for safe use of fireworks and the dangers of
2-2 improper use. A program the advisory council proposes to present
2-3 must be approved by the commissioner.
2-4 (c) In order to fund the program established under this
2-5 section, the holder of the following licenses shall pay a fee, in
2-6 addition to any other license fee, in the following amounts:
2-7 (1) the holder of a retail permit issued under Section
2-8 8 of this article--$10; and
2-9 (2) the holder of a manufacturer's, distributor's, or
2-10 jobber's license issued under Section 6 of this article--$250.
2-11 (d) Funds collected under Subsection (c) of this section may
2-12 be used only by the commissioner for the purposes of this section.
2-13 SECTION 5. (a) This Act takes effect September 1, 1999.
2-14 (b) Section 16B, Article 5.43-4, Insurance Code, as added by
2-15 this Act, applies only to the issuance of or renewal of a retail
2-16 permit or manufacturer's, distributor's, or jobber's license issued
2-17 or renewed on or after September 1, 1999.
2-18 SECTION 6. The importance of this legislation and the
2-19 crowded condition of the calendars in both houses create an
2-20 emergency and an imperative public necessity that the
2-21 constitutional rule requiring bills to be read on three several
2-22 days in each house be suspended, and this rule is hereby suspended.
2-23 * * * * *