78R8461 T

By:  Solis                                                        H.B. No. 2106



A BILL TO BE ENTITLED

AN ACT

relating to the regulation of fireworks by certain counties; 
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 352.053 to read as follows:
	Sec. 352.053.  ADDITIONAL COUNTY REGULATION OF FIREWORKS.  
(a)  This section applies only to a county with a population of 
330,000 or more.
	(b)  In this section, "fireworks" means any composition or 
device designed for entertainment to produce a visible or audible 
effect by combustion, explosion, deflagration, or detonation.
	(c)  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.
	(d)  To protect the public health or safety, the 
commissioners court of a county by order may prohibit or otherwise 
regulate the sale, possession, or use of fireworks in any part of 
the unincorporated area of the county.
	(e)  A person selling fireworks in a county that has adopted 
an order under Subsection (d) shall, at every location at which the 
person sells fireworks in the county, provide reasonable notice of 
the order and reasonable notice of any area where the sale, 
possession, or use of fireworks is prohibited or regulated under 
Subsection (d).
	(f)  A commissioners court that adopts an order under 
Subsection (d) shall send a copy of the order to the state fire 
marshal not later than the 30th day after the date the order is 
adopted.
	(g)  The state fire marshal shall send a copy of each order 
received under Subsection (f) to each licensed manufacturer, 
distributor, and jobber in the affected county not later than the 
30th day after the date the fire marshal receives the order.
	(h)  A person commits an offense if the person knowingly 
violates a prohibition or other regulation established by an order 
adopted under this section.  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.