By Lindsay S.B. No. 162
77R2162 JMG-D
A BILL TO BE ENTITLED
1-1 AN ACT
1-2 relating to the regulation of aerial 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 AERIAL
1-8 FIREWORKS. (a) This section applies only to a county with a
1-9 population of 2.8 million or more.
1-10 (b) In this section, "aerial fireworks" means only those
1-11 items classified under 49 C.F.R. Sec. 173.100(r)(2) (10-1-86
1-12 edition), as "skyrockets with sticks" and other pyrotechnic devices
1-13 that have fins or rudders for the purpose of achieving aerodynamic
1-14 flight, including a device that would be considered a missile or a
1-15 rocket.
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 aerial
2-5 fireworks by a resident manufacturer, distributor, importer, or
2-6 jobber if the aerial fireworks are intended for shipment directly
2-7 out of state in accordance with the regulations of the United
2-8 States Department of 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 sale, possession, or use of aerial fireworks in any
2-24 part of the unincorporated area of the county. This authority is
2-25 in addition to the county's authority to regulate fireworks under
2-26 Section 240.904.
2-27 (e) A person selling aerial fireworks in a county that has
3-1 adopted an order under Subsection (d) shall, at every location at
3-2 which the person sells aerial fireworks in the county, provide
3-3 reasonable notice of the order and reasonable notice of any area
3-4 where the sale, possession, or use of aerial fireworks is
3-5 prohibited or regulated under Subsection (d).
3-6 (f) A commissioners court that adopts an order under
3-7 Subsection (d) shall send a copy of the order to the state fire
3-8 marshal not later than the 30th day after the date the order is
3-9 adopted.
3-10 (g) The state fire marshal shall send a copy of each order
3-11 received under Subsection (f) to each licensed manufacturer,
3-12 distributor, and jobber in the affected county not later than the
3-13 30th day after the date the fire marshal receives the order.
3-14 (h) A person commits an offense if the person knowingly
3-15 violates a prohibition or other regulation established by an order
3-16 adopted under this section. An offense under this subsection is a
3-17 Class C misdemeanor.
3-18 SECTION 2. This Act takes effect immediately if it receives
3-19 a vote of two-thirds of all the members elected to each house, as
3-20 provided by Section 39, Article III, Texas Constitution. If this
3-21 Act does not receive the vote necessary for immediate effect, this
3-22 Act takes effect September 1, 2001.