By:  Gallegos                                                     S.B. No. 693


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 effects 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.