By:  Lindsay                                                      S.B. No. 430
	(In the Senate - Filed February 9, 2005; February 15, 2005, 
read first time and referred to Committee on Intergovernmental 
Relations; May 3, 2005, reported adversely, with favorable 
Committee Substitute by the following vote:  Yeas 4, Nays 0; 
May 3, 2005, sent to printer.)


COMMITTEE SUBSTITUTE FOR S.B. No. 430                                    By:  Deuell


A BILL TO BE ENTITLED

AN ACT


relating to the regulation of fireworks and fireworks displays in 
certain populous counties.
	BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:                        
	SECTION 1.  Section 2154.003, Occupations Code, is amended 
by adding Subsection (d) to read as follows:
	(d)  In a county with a population of 3.3 million or more, in 
addition to the items described by Subsection (b), items 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, 
are not permissible fireworks.
	SECTION 2.  Section 2154.054, Occupations Code, is amended 
by adding Subsections (g) and (h) to read as follows:
	(g)  In reviewing rules under Subsection (e), the council 
shall recommend to the commissioner changes in the rules to promote 
public safety and property protection in counties with a population 
of 3.3 million or more, including changes that could lower 
insurance costs.
	(h)  The council and state fire marshal shall promote 
cooperation between the fireworks industry and local governments in 
counties with a population of 3.3 million or more in the 
establishment of a public awareness and safety campaign regarding 
fireworks in those counties.
	SECTION 3.  Section 2154.252, Occupations Code, is amended 
by amending Subsection (c) and adding Subsections (c-1) and (c-2) 
to read as follows:
	(c)  In a county other than a county to which Subsection 
(c-1) applies, fireworks [Fireworks] may not be sold or offered for 
sale to children under 12 years of age or to an intoxicated or 
incompetent person.
	(c-1)  In a county with a population of 3.3 million or more, 
fireworks may not be sold or offered for sale to children under 16 
years of age or to an intoxicated or incompetent person.
	(c-2)  A person selling fireworks at retail shall make a 
reasonable effort to determine that potential purchasers of 
fireworks are of the applicable minimum age required by this 
section [subsection].
	SECTION 4.  (a)  The changes in law made by Sections 1 and 3 
of this Act apply only to an offense committed on or after the 
effective date of the applicable section. For purposes of this 
section, an offense is committed before the effective date of a 
section of this Act if any element of the offense occurs before that 
date.
	(b)  An offense committed before the effective date of a 
section of this Act is covered by the applicable law in effect when 
the offense was committed, and the former law is continued in effect 
for that purpose.
	SECTION 5.  (a)  Except as provided by Subsection (b) of 
this section, 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.
	(b)  Section 1 of this Act takes effect January 1, 2006.                       



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