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.