By Hamric H.B. No. 339 77R2755 JMG-D A BILL TO BE ENTITLED 1-1 AN ACT 1-2 relating to the regulation of fireworks by certain counties; 1-3 providing a 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) This section applies only to a county with a population of 2.8 1-9 million or more. 1-10 (b) In this section, "fireworks" means any composition or 1-11 device designed for entertainment to produce a visible or audible 1-12 effect by combustion, explosion, deflagration, or detonation. 1-13 (c) This section does not apply to: 1-14 (1) toy pistols, toy canes, toy guns, or other devices 1-15 that use paper or plastic caps in sheets, strips, rolls, or 1-16 individual caps containing not more than an average of 25 1-17 hundredths of a grain of explosive composition for each cap and 1-18 that are packed and shipped according to 49 C.F.R. Part 173 (1996); 1-19 (2) model rockets and model rocket motors designed, 1-20 sold, and used for the purpose of propelling recoverable aero 1-21 models; 1-22 (3) propelling or expelling charges consisting of a 1-23 mixture of sulfur, charcoal, and potassium nitrate; 1-24 (4) novelties and trick noisemakers; 2-1 (5) the sale, at wholesale, of any type of fireworks 2-2 by a resident manufacturer, distributor, importer, or jobber if the 2-3 fireworks are intended for shipment directly out of state in 2-4 accordance with the regulations of the United States Department of 2-5 Transportation; 2-6 (6) the sale, and use in emergency situations, of 2-7 pyrotechnic signaling devices or distress signals for marine, 2-8 aviation, or highway use; 2-9 (7) the use of fusee and railway torpedoes by 2-10 railroads; 2-11 (8) the sale of blank cartridges for use in radio, 2-12 television, film, or theater productions, for signal or ceremonial 2-13 purposes in athletic events, or for industrial purposes; 2-14 (9) the use of any pyrotechnic device by military 2-15 organizations; or 2-16 (10) a public fireworks display conducted by a 2-17 licensed pyrotechnic operator. 2-18 (d) To protect the public health or safety, the 2-19 commissioners court of a county by order may prohibit or otherwise 2-20 regulate the sale, possession, or use of fireworks in any part of 2-21 the unincorporated area of the county. 2-22 (e) The authority provided in this section is in addition to 2-23 the county's authority to regulate fireworks under Section 240.904. 2-24 (f) A person selling fireworks in a county that has adopted 2-25 an order under Subsection (d) shall, at every location at which the 2-26 person sells fireworks in the county, provide reasonable notice of 2-27 the order and reasonable notice of any area where the sale, 3-1 possession, or use of fireworks is prohibited or regulated under 3-2 Subsection (d). 3-3 (g) A commissioners court that adopts an order under 3-4 Subsection (d) shall send a copy of the order to the state fire 3-5 marshal not later than the 30th day after the date the order is 3-6 adopted. 3-7 (h) The state fire marshal shall send a copy of each order 3-8 received under Subsection (g) to each licensed manufacturer, 3-9 distributor, and jobber in the affected county not later than the 3-10 30th day after the date the fire marshal receives the order. 3-11 (i) A person commits an offense if the person knowingly 3-12 violates a prohibition or other regulation established by an order 3-13 adopted under this section. An offense under this subsection is a 3-14 Class C misdemeanor. 3-15 SECTION 2. This Act takes effect immediately if it receives 3-16 a vote of two-thirds of all the members elected to each house, as 3-17 provided by Section 39, Article III, Texas Constitution. If this 3-18 Act does not receive the vote necessary for immediate effect, this 3-19 Act takes effect September 1, 2001.