By Bernsen                                             S.B. No. 631
         77R5175 JMG-F                           
                                A BILL TO BE ENTITLED
 1-1                                   AN ACT
 1-2     relating to the authority of certain counties to prohibit the use
 1-3     or possession of certain fireworks on public beaches.
 1-4           BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
 1-5           SECTION 1.  The heading of Subchapter D, Chapter 61, Natural
 1-6     Resources Code, is amended to read as follows:
 1-7          SUBCHAPTER D.  COUNTY REGULATION OF PUBLIC USE OF BEACHES
 1-8                            [TRAFFIC AND LITTER]
 1-9           SECTION 2. The heading of Section 61.122, Natural Resources
1-10     Code, is amended to read as follows:
1-11           Sec. 61.122.  COUNTY REGULATORY AUTHORITY [REGULATION OF
1-12     TRAFFIC, PROHIBITION OF LITTER, POSSESSION OF ANIMALS ON BEACHES,
1-13     AND SWIMMING IN PASSES TO AND FROM THE GULF OF MEXICO].
1-14           SECTION 3. Section 61.122, Natural Resources Code, is amended
1-15     by redesignating current Subsection (d) as Subsection (e) and
1-16     adding a new Subsection (d) to read as follows:
1-17           (d)  The commissioners court of a county bordering on the
1-18     Gulf of Mexico or its tidewater limits, by order, may prohibit the
1-19     use or possession of any aerial fireworks on a beach in the
1-20     unincorporated area of the county.  In this subsection, "aerial
1-21     fireworks" means those items classified under 49 C.F.R. Section
1-22     173.100(r)(2) (10-1-86 edition) as "skyrockets with sticks" and
1-23     other pyrotechnic devices that have fins or rudders for the purpose
1-24     of achieving aerodynamic flight, including a device that would be
 2-1     considered a missile or a rocket.
 2-2           (e)  Regulation under Subsection (a) of this section that
 2-3     prohibits vehicles from an area of public beach is subject to
 2-4     Section 61.022 of this code.
 2-5           SECTION 4.  This Act takes effect immediately if it receives
 2-6     a vote of two-thirds of all the members elected to each house, as
 2-7     provided by Section 39, Article III, Texas Constitution.  If this
 2-8     Act does not receive the vote necessary for immediate effect, this
 2-9     Act takes effect September 1, 2001.