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.