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By:  Madla                                                        S.B. No. 1563


A BILL TO BE ENTITLED

AN ACT

relating to the regulation of aerial fireworks.                               
	BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:                        
	SECTION 1.  Section 2154.003(b), Occupations Code, is 
amended to read as follows:
	(b)  The following are not permissible fireworks:                              
		(1)  sky rockets or "bottle rockets" with:                                    
			(A)  a total propellant charge of less than four 
grams;                    
			(B)  a casing size of less than five-eighths of an 
inch for the outside diameter and less than 3–1/2 inches in length; 
and
			(C)  an overall length, including stick, of less 
than 15 inches; [and]
		(2)  "aerial fireworks" classified under 49 C.F.R. Sec. 
173.100®) (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; and
		(3)  other fireworks determined not acceptable by the 
United States Consumer Product Safety Commission.
	SECTION 2.  Section 2154.252 (c), Occupations Code is 
amended to read as follows:
	(c)  Fireworks may not be sold or offered for sale to 
children under 16 [12] years of age or to an intoxicated or 
incompetent person.  A person selling fireworks at retail shall 
make a reasonable effort to determine that potential purchasers of 
fireworks are of the minimum age required by this subsection.
	SECTION 3.  This Act takes effect January 1, 2004.