By:  Hamric                                                       H.B. No. 1722



A BILL TO BE ENTITLED

AN ACT

relating to creating reasonable regulation of the storage, 
discharge, safe use, and oversight of fireworks.
	BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:                        
	SECTION 1.  Section 2154.052(b), Occupations Code, is 
amended to read as follows:
	(b)  The commissioner shall adopt and the state fire marshal 
shall administer rules the commissioner considers necessary for the 
protection, safety, and preservation of life and property, 
including rules regulating:
		(1)  the issuance of licenses and permits to persons 
engaged in manufacturing, selling, storing, possessing, or 
transporting fireworks in this state;
		(2)  the conduct of public fireworks displays; and                            
		(3)  the safe storage of Fireworks 1.3G and Fireworks 
1.4G, including rules regulating the distance that fireworks may be 
stored from residential dwellings.
	SECTION 2.  Section 2154.054, Occupations Code, is amended 
to read as follows:
	2154.054.  ADVISORY COUNCIL.  (a)  The commissioner may 
[shall] establish an advisory council to assist the commissioner in 
administering this chapter and in proposing rules.
	(b)  The council is composed of five members who are:                   
		(1)  one representative of a county fire marshal's 
office;           
		(2)  one representative from the property and casualty 
insurance industry;
		(3)   one representative who is a children's physician; 
and          
		(4)  two representatives from the fireworks industry.                  
	(c)  The Texas Pyrotechnic Association may, on request by the 
commissioner, recommend individuals for appointment to the two 
fireworks industry representative positions on the council.
	(d)  A council member serves at the will of the commissioner 
and may not be reimbursed for service.
	(e)  The council shall periodically review rules relating to 
this chapter and recommend changes in the rules to promote public 
safety and property protection, including changes that could lower 
insurance costs, to the commissioner.
	(f)  Notwithstanding Section 2001.031, Government Code, the 
commissioner may [shall] submit all proposed changes and additions 
to the rules that relate to administration of this chapter to the 
council for development.  If the commissioner does not approve a 
rule developed by the council, the commissioner may [shall] 
indicate to the council the reasons that the commissioner did not 
approve the rule and return the rule to the council for further 
development.
	SECTION 3.  Section 2154.055(c), Occupations Code, is 
amended to read as follows:
	(c)  The commissioner may administer the program or may 
require the program to [shall] be administered by the advisory 
council established under Section 2154.054.  The commissioner must 
approve a program that the advisory council proposes to present.  
The program may not promote the use of fireworks and must be focused 
entirely on safety.
	SECTION 4.  Section 2154.251(a), Occupations Code, is 
amended to read as follows:
	(a)  A person may not:                                                         
		(1)  explode or ignite fireworks:                                      
			(A)  within 600 feet of any church, a hospital, 
[other than] a veterinary hospital or facility that houses animals, 
an asylum, a licensed child care center, or a public or private 
primary or secondary school or institution of higher education 
unless the person receives authorization in writing from that 
organization; or
			(B)  within 300 feet of a residential dwelling, 
including a single-family home, condominium, duplex, triplex, 
apartment, multifamily housing, mobile home or manufactured home, 
unless the person owns the dwelling or receives authorization in 
writing from the person who owns the dwelling and, if applicable, 
from an association representing all of the persons who reside in 
the dwelling;
		(2)  sell at retail, explode, or ignite fireworks 
within 300 [100] feet of a place where flammable liquids or 
flammable compressed gasses are stored and dispensed;
		(3)  explode or ignite fireworks within 300 [100] feet 
of a place where fireworks are stored or sold;
		(4)  ignite or discharge fireworks in or from a motor 
vehicle;              
		(5)  place ignited fireworks in, or throw ignited 
fireworks at, a motor vehicle;
		(6)  conduct a public fireworks display that includes 
Fireworks 1.3G unless the person is a licensed pyrotechnic 
operator;
		(7)  conduct a proximate display of fireworks that 
includes Fireworks 1.3G or Fireworks 1.4G as defined in NFPA 1126 
Standards for the Use of Pyrotechnics Before a Proximate Audience 
unless the person is a licensed pyrotechnic special effects 
operator and has the approval of the local fire prevention officer; 
or
		(8)  sell, store, manufacture, distribute, or display 
fireworks except as provided by this chapter or rules adopted by the 
commissioner under this chapter.
	SECTION 5.  Section 2154.052(e), Occupations Code, is 
repealed.              
	SECTION 6.  (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 7.  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, 2005.