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.