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.
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