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.