78R5554 MXM-D

By:  Janek                                                        S.B. No. 695



A BILL TO BE ENTITLED

AN ACT

relating to the authority of certain counties to prohibit the use or 
possession of certain fireworks on public beaches.
	BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:                        
	SECTION 1.  Section 61.122, Natural Resources Code, is 
amended by adding Subsection (g) to read as follows:
	(g)  The commissioners court of a county bordering on the 
Gulf of Mexico or its tidewater limits, by order, may prohibit the 
use or possession of any aerial fireworks on a beach in the 
unincorporated area of the county.  In this subsection, "aerial 
fireworks" means those items classified under 49 C.F.R. Section 
173.100(r)(2) (10-1-86 edition) as "skyrockets with sticks" and 
other pyrotechnic devices that have fins or rudders for the purpose 
of achieving aerodynamic flight, including a device that would be 
considered a missile or a rocket.
	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.