By Seaman                                              H.B. No. 204
         77R679 JMG-D                           
                                A BILL TO BE ENTITLED
 1-1                                   AN ACT
 1-2     relating to the regulation of fireworks by counties; providing a
 1-3     criminal penalty.
 1-4           BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
 1-5           SECTION 1.  Subchapter Z, Chapter 240, Local Government Code,
 1-6     is amended by adding Section 240.9045 to read as follows:
 1-7           Sec. 240.9045.  ADDITIONAL COUNTY REGULATION OF FIREWORKS.
 1-8     (a)  In this section, "fireworks" means any composition or device
 1-9     designed for entertainment to produce a visible or audible effect
1-10     by combustion, explosion, deflagration, or detonation.
1-11           (b)  This section does not apply to:
1-12                 (1)  toy pistols, toy canes, toy guns, or other devices
1-13     that use paper or plastic caps in sheets, strips, rolls, or
1-14     individual caps  containing not more than an average of 25
1-15     hundredths of a grain of explosive composition for each cap and
1-16     that are packed and shipped according to 49 C.F.R. Part 173 (1996);
1-17                 (2)  model rockets and model rocket motors designed,
1-18     sold, and used for the purpose of propelling recoverable aero
1-19     models;
1-20                 (3)  propelling or expelling charges consisting of a
1-21     mixture of sulfur, charcoal, and potassium nitrate;
1-22                 (4)  novelties and trick noisemakers;
1-23                 (5)  the sale, at wholesale, of any type of fireworks
1-24     by a resident manufacturer, distributor, importer, or jobber if the
 2-1     fireworks are intended for shipment directly out of state in
 2-2     accordance with the regulations of the United States Department of
 2-3     Transportation;
 2-4                 (6)  the sale, and use in emergency situations, of
 2-5     pyrotechnic signaling devices or distress signals for marine,
 2-6     aviation, or highway use;
 2-7                 (7)  the use of fusee and railway torpedoes by
 2-8     railroads;
 2-9                 (8)  the sale of blank cartridges for use in radio,
2-10     television, film, or theater productions, for signal or ceremonial
2-11     purposes in athletic events, or for industrial purposes;
2-12                 (9)  the use of any pyrotechnic device by military
2-13     organizations; or
2-14                 (10)  a public fireworks display conducted by a
2-15     licensed pyrotechnic operator.
2-16           (c)  To protect the public health or safety, the
2-17     commissioners court of a county by order may prohibit or otherwise
2-18     regulate the use of fireworks in an area located:
2-19                 (1)  in the unincorporated part of the county; and
2-20                 (2)  in, or within 2,500 feet of a boundary of, a
2-21     subdivision all or a part of which is located in the unincorporated
2-22     area of a county and for which a plat is required to be prepared
2-23     and filed under Chapter 232.
2-24           (d)  The authority granted under Subsection (c) is in
2-25     addition to the county's authority to regulate fireworks under
2-26     Section 240.904.
2-27           (e)  A person commits an offense if the person knowingly
 3-1     violates a prohibition or other regulation established by an order
 3-2     adopted under this section.  An offense under this subsection is a
 3-3     Class C misdemeanor.
 3-4           SECTION 2.  This Act takes effect immediately if it receives
 3-5     a vote of two-thirds of all the members elected to each house, as
 3-6     provided by Section 39, Article III, Texas Constitution.  If this
 3-7     Act does not receive the vote necessary for immediate effect, this
 3-8     Act takes effect September 1, 2001.