77R13673 E
By Brimer H.B. No. 1350
Substitute the following for H.B. No. 1350:
By Ramsay C.S.H.B. No. 1350
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 that has a population of
1-9 one million or more and that has two municipalities located in
1-10 whole or in part within its boundaries each having a population of
1-11 300,000 or more and to a county with a population of 2.8 million or
1-12 more.
1-13 (b) In this section, "fireworks" means any composition or
1-14 device designed for entertainment to produce a visible or audible
1-15 effect by combustion, explosion, deflagration, or detonation.
1-16 (c) This section does not apply to:
1-17 (1) toy pistols, toy canes, toy guns, or other devices
1-18 that use paper or plastic caps in sheets, strips, rolls, or
1-19 individual caps containing not more than an average of 25
1-20 hundredths of a grain of explosive composition for each cap and
1-21 that are packed and shipped according to 49 C.F.R. Part 173 (1996);
1-22 (2) model rockets and model rocket motors designed,
1-23 sold, and used for the purpose of propelling recoverable aero
1-24 models;
2-1 (3) propelling or expelling charges consisting of a
2-2 mixture of sulfur, charcoal, and potassium nitrate;
2-3 (4) novelties and trick noisemakers;
2-4 (5) the sale, at wholesale, of any type of fireworks
2-5 by a resident manufacturer, distributor, importer, or jobber if the
2-6 fireworks are intended for shipment directly out of state in
2-7 accordance with the regulations of the United States Department of
2-8 Transportation;
2-9 (6) the sale, and use in emergency situations, of
2-10 pyrotechnic signaling devices or distress signals for marine,
2-11 aviation, or highway use;
2-12 (7) the use of fusee and railway torpedoes by
2-13 railroads;
2-14 (8) the sale of blank cartridges for use in radio,
2-15 television, film, or theater productions, for signal or ceremonial
2-16 purposes in athletic events, or for industrial purposes;
2-17 (9) the use of any pyrotechnic device by military
2-18 organizations; or
2-19 (10) a public fireworks display conducted by a
2-20 licensed pyrotechnic operator.
2-21 (d) To protect the public health or safety, the
2-22 commissioners court of a county by order may prohibit or otherwise
2-23 regulate the use of fireworks in an area located in the
2-24 unincorporated area of the county and within 500 feet of a
2-25 residence. Orders adopted by the commissioners court under this
2-26 section must be uniform in their application in the county to the
2-27 extent practicable. This authority is in addition to the county's
3-1 authority to regulate fireworks under Section 240.904.
3-2 (e) Except as provided by Subsection (d) and Section
3-3 240.904, the commissioners court of a county may not regulate the
3-4 sale, use, or possession of fireworks in any part of the
3-5 unincorporated area of the county.
3-6 (f) A person selling fireworks in a county that has adopted
3-7 an order under Subsection (d) shall, at every location at which the
3-8 person sells fireworks in the county, provide reasonable notice of
3-9 the order and reasonable notice of any area where the use of
3-10 fireworks is prohibited or regulated under Subsection (d).
3-11 (g) A commissioners court that adopts an order under
3-12 Subsection (d) shall send a copy of the order to the state fire
3-13 marshal not later than the 30th day after the date the order is
3-14 adopted.
3-15 (h) The state fire marshal shall send a copy of each order
3-16 received under Subsection (g) to each licensed manufacturer,
3-17 distributor, and jobber in the affected county not later than the
3-18 30th day after the date the fire marshal receives the order.
3-19 (i) A person commits an offense if the person knowingly
3-20 violates a prohibition or other regulation established by an order
3-21 adopted under this section. An offense under this subsection is a
3-22 Class C misdemeanor.
3-23 SECTION 2. This Act takes effect immediately if it receives
3-24 a vote of two-thirds of all the members elected to each house, as
3-25 provided by Section 39, Article III, Texas Constitution. If this
3-26 Act does not receive the vote necessary for immediate effect, this
3-27 Act takes effect September 1, 2001.