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