By: Madla S.B. No. 1563
(In the Senate - Filed March 14, 2003; March 20, 2003, read
first time and referred to Committee on State Affairs;
April 7, 2003, rereferred to Committee on Intergovernmental
Relations; April 28, 2003, reported adversely, with favorable
Committee Substitute by the following vote: Yeas 4, Nays 0;
April 28, 2003, sent to printer.)
COMMITTEE SUBSTITUTE FOR S.B. No. 1563 By: Madla
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. Subsection (b), Section 2154.003, 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.
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; and
(3) other fireworks determined not acceptable by the
United States Consumer Product Safety Commission.
SECTION 2. Subsection (c), Section 2154.252, 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 2, 2004.
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