By: Eiland H.B. No. 3319
A BILL TO BE ENTITLED
AN ACT
relating to flame effects and pyrotechnics before an assembly.
BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
SECTION 1. Title 13, Chapter 2154, Occupations Code, is
amended by adding Section 2154.253 to read as follows:
Sec. 2154.253 PROHIBITED USE OF FLAME EFFECTS AND/OR
PYROTECHNICS. (a) Definitions. In this section:
(1) "Approved" means prior written authorization, in
the form of a permit, issued to the requesting flame effects and/or
pyrotechnics operator or property owner.
(2) "Approving Authority" means fire marshal (or chief
executive of the local fire protection district in counties that do
not have a fire marshal). The county sheriff shall be the
designated approving authority if the jurisdiction has no fire
marshal or local fire protection district.
(3) "Assembly" means a gathering of fifty (50) people
or more.
(4) "Flame Effect" means a stationary or hand-held
device designed specifically to produce an open flame when ignited
and is used before an assembly to display the effects of a flame.
Devices include, but are not limited to paraffin wax candle, LPG
candles, torches, and LPG burners.
(5) "Pyrotechnics" means a low explosive material,
other than detonation cord, used in motion pictures, television,
theatrical, or group entertainment productions.
(6) "Standby Fire Watch" means fire protection
personnel (or law enforcement personnel in the event that the
jurisdiction has no fire protection personnel). The size of the
standby fire watch shall be determined by the approving authority
for that jurisdiction.
(b) This section shall apply to flame effects and/or
pyrotechnics used in theatrical performances, entertainment,
exhibition, demonstration, or simulation before an assembly. This
section shall apply to the following:
(1) The use of indoor and outdoor flame effect and/or
pyrotechnics before an assembly.
(2) The rehearsal, videotaping, or filming of any
television, radio, or movie production if such production is before
an assembly and includes the use of flame effects and/or
pyrotechnics.
(3) The rehearsal of any production incorporating
flame effects and/or pyrotechnics before an assembly.
(4) The use of pyrotechnic special effects.
(5) Traditional theatrical display of flame effects
and/or pyrotechnics.
(c) The use of flame effects and/or pyrotechnics before an
assembly shall be strictly prohibited unless approved by the
approving authority as designated by this section.
(d) The approving authority for the jurisdiction covering
the assembly may promulgate standards, codes, or regulations
regarding the requirements necessary to acquire a permit for the
use of flame effects and/or pyrotechnics before an assembly. If the
jurisdiction promulgates said standards, codes, or regulations a
standby fire watch shall be required as follows:
(1) when five (5) or more flame effects and/or
pyrotechnics are used; or
(2) anytime a fire protection system and life safety
is bypassed or disabled for any event.
(e) A person commits an offense if the person violates this
section. An offense under this section is a Class A misdemeanor.
Each day a violation occurs or continues constitutes a separate
offense. Venue under this section is in the county in which the
offense is committed or in Travis County.
(f) A municipal or county ordinance, order, or rule in
effect on September 1, 2003, is not invalidated by this chapter.
(g) This section does not limit or restrict the authority of
a county, where specifically authorized by law, or municipality to
enact an ordinance or order prohibiting or further regulating flame
effects and/or pyrotechnics.
SECTION 2. This act takes effect September 1, 2003.