By Lindsay                                             S.B. No. 271
         77R2877 JMG-D                           
                                A BILL TO BE ENTITLED
 1-1                                   AN ACT
 1-2     relating to prohibiting the use of fireworks within the vicinity of
 1-3     certain establishments.
 1-4           BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
 1-5           SECTION 1. Section 2154.251(a), Occupations Code, is amended
 1-6     to read as follows:
 1-7           (a)  A person may not:
 1-8                 (1)  explode or ignite fireworks within 600 feet of any
 1-9     church, a hospital other than a veterinary hospital, an asylum, a
1-10     licensed child care center, a building in which at least 7,500
1-11     square feet is available for one or more retail establishments, or
1-12     a public or private primary or secondary school or institution of
1-13     higher education unless the person receives authorization in
1-14     writing from that organization;
1-15                 (2)  sell at retail, explode, or ignite fireworks
1-16     within 100 feet of a place where flammable liquids or flammable
1-17     compressed gasses are stored and dispensed;
1-18                 (3)  explode or ignite fireworks within 100 feet of a
1-19     place where fireworks are stored or sold;
1-20                 (4)  ignite or discharge fireworks in or from a motor
1-21     vehicle;
1-22                 (5)  place ignited fireworks in, or throw ignited
1-23     fireworks at, a motor vehicle;
1-24                 (6)  conduct a public fireworks display that includes
 2-1     Fireworks 1.3G unless the person is a licensed pyrotechnic
 2-2     operator;
 2-3                 (7)  conduct a proximate display of fireworks that
 2-4     includes Fireworks 1.3G or Fireworks 1.4G as defined in NFPA 1126
 2-5     Standards for the Use of Pyrotechnics Before a Proximate Audience
 2-6     unless the person is a licensed pyrotechnic special effects
 2-7     operator and has the approval of the local fire prevention officer;
 2-8     or
 2-9                 (8)  sell, store, manufacture, distribute, or display
2-10     fireworks except as provided by this chapter or rules adopted by
2-11     the commissioner under this chapter.
2-12           SECTION 2. (a)  This Act takes effect September 1, 2001.
2-13           (b)  The change in law made by this Act applies only to an
2-14     offense committed on or after the effective date of this Act.  For
2-15     purposes of this section, an offense is committed before the
2-16     effective date of this Act if any element of the offense occurs
2-17     before that date.
2-18           (c)  An offense committed before the effective date of this
2-19     Act is covered by the law in effect when the offense was committed,
2-20     and the former law is continued in effect for that purpose.