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.