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By:  Goolsby                                                      H.B. No. 1454



A BILL TO BE ENTITLED

AN ACT

relating to the enforcement of the prohibition of the sale 
fireworks to an intoxicated person and to the prosecution of 
offenses involving fireworks.
	BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:                        
	SECTION 1.  Section 2154.252(e), Occupations Code, is added 
to read as follows:
	(e)  For purposes of Subsection (c), reasonable efforts to 
determine that potential purchasers of fireworks are intoxicated 
may include the use of a device with a deep-lung breath analysis 
mechanism to determine if a potential purchaser is intoxicated.
	SECTION 2.  Section 2154.303(c), Occupations Code, is 
amended to read as follows:
	(c)  A violation of Section 2154.251(a)(1), (2), (3), (4), or 
(5) that results in property damage in an amount of less than $200 
and does not result in bodily injury or death is a Class C 
misdemeanor.  A violation of Section 2154.252(c) is a Class C 
misdemeanor.
	SECTION 3.  (a) The changes in law made by this Act apply 
only to an offense committed on or after the effective date of this 
Act. For purposes of this section, an offense is committed before 
the effective date of this Act if any element of the offense occurs 
before that date.
	(b)  An offense committed before the effective date of this 
Act is covered by the law in effect when the offense was committed, 
and the former law is continued in effect for that purpose.
	SECTION 4.  This Act takes effect June 20, 2005, 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, 2005.