78R3674 MXM-D

By:  Howard                                                       H.B. No. 1069



A BILL TO BE ENTITLED

AN ACT

relating to the regulation of fireworks by counties in a 
residential subdivision; providing a criminal penalty.
	BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:                        
	SECTION 1.   Subchapter C, Chapter 352, Local Government 
Code, is amended by adding Section 352.054 to read as follows:
	Sec. 352.054.  REGULATION OF FIREWORKS IN RESIDENTIAL 
SUBDIVISION.  (a)  In this section:
		(1)  "Fireworks" means any composition or device 
designed for entertainment to produce a visible or audible effect 
by combustion, explosion, deflagration, or detonation.
		(2)  "Residential subdivision" means a subdivision of 
land:          
			(A)  for which a plat is recorded in the county 
real property records; and
			(B)  in which the majority of lots are subject to 
deed restrictions limiting the lots to residential use.
	(b)  This section does not apply to:                                    
		(1)  toy pistols, toy canes, toy guns, or other devices 
that use paper or plastic caps in sheets, strips, rolls, or 
individual caps containing not more than an average of 25 
hundredths of a grain of explosive composition for each cap and that 
are packed and shipped according to 49 C.F.R. Part 173 (1996);
		(2)  model rockets and model rocket motors designed, 
sold, and used for the purpose of propelling recoverable aero 
models;
		(3)  propelling or expelling charges consisting of a 
mixture of sulfur, charcoal, and potassium nitrate;
		(4)  novelties and trick noisemakers;                                  
		(5)  the sale, at wholesale, of any type of fireworks by 
a resident manufacturer, distributor, importer, or jobber if the 
fireworks are intended for shipment directly out of state in 
accordance with the regulations of the United States Department of 
Transportation;
		(6)  the sale, and use in emergency situations, of 
pyrotechnic signaling devices or distress signals for marine, 
aviation, or highway use;
		(7)  the use of fusee and railway torpedoes by 
railroads;            
		(8)  the sale of blank cartridges for use in radio, 
television, film, or theater productions, for signal or ceremonial 
purposes in athletic events, or for industrial purposes;
		(9)  the use of any pyrotechnic device by military 
organizations; or 
		(10)  a public fireworks display conducted by a 
licensed pyrotechnic operator.
	(c)  The registered voters of a residential subdivision in 
the unincorporated area of a county may file with the commissioners 
court of the county a petition asking for an election to be held to 
prohibit the sale, possession, and use of fireworks in the 
residential subdivision.  The petition must contain the signatures 
of at least 100 registered voters of the subdivision and must 
include a statement worded substantially as follows and located on 
each page of the petition preceding the space reserved for 
signatures: "This petition requests that an election be held in 
(name of residential subdivision and name of county) to prohibit 
the sale, possession, and use of fireworks in the (name of) 
residential subdivision in the unincorporated areas of the county."
	(d)  Not later than the fifth day after the date the 
commissioners court receives a petition under Subsection (c), the 
commissioners court shall submit the petition for verification to 
the county clerk, who shall determine whether the petition meets 
the requirements imposed by this section.
	(e)  Not later than the 30th day after the date the petition 
is submitted to the county clerk for verification, the county clerk 
shall certify in writing to the commissioners court whether the 
petition is valid.  If the county clerk determines that the petition 
is invalid, the clerk shall state the reasons for that 
determination.
	(f)  If the county clerk certifies that a petition is valid, 
the commissioners court shall order an election to be held in the 
residential subdivision on the first uniform election date that 
occurs after the date the court receives the county clerk's 
certification and that allows for compliance with the time 
requirements prescribed by Chapter 3, Election Code.
	(g)  The ballot for the election shall be printed to provide 
for voting for or against the proposition: "Prohibiting the sale, 
possession, and use of fireworks in the (name of) residential 
subdivision in the unincorporated areas of (name of) county."
	(h)  If a majority of the votes cast at the election approve 
the proposition, a person may not sell, possess, or use fireworks in 
the unincorporated area of the county in the residential 
subdivision that approved the proposition.
	(i)  A person commits an offense if the person knowingly 
violates a prohibition established under Subsection (h).  An 
offense under this subsection is a Class C misdemeanor.
	SECTION 2.   This Act takes effect immediately if it receives 
a vote of two-thirds of all the members elected to each house, as 
provided by Section 39, Article III, Texas Constitution.  If this 
Act does not receive the vote necessary for immediate effect, this 
Act takes effect September 1, 2003.