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A BILL TO BE ENTITLED
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AN ACT
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relating to the regulation of fireworks by counties during drought |
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conditions; providing a criminal penalty. |
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BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS: |
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SECTION 1. Section 352.051(a)(1), Local Government Code, is |
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amended to read as follows: |
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(1) "Restricted fireworks" means any composition or |
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device designed for entertainment to produce a visible or audible |
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effect by combustion, explosion, deflagration, or detonation [only
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those items classified under 49 C.F.R. Sec. 173.100(r)(2) (10-1-86
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edition), as "skyrockets with sticks"
and "missiles with fins"]. |
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SECTION 2. Section 352.051, Local Government Code, is |
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amended by adding Subsection (a-1) to read as follows: |
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(a-1) This section does not apply to: |
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(1) toy pistols, toy canes, toy guns, or other devices |
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that use paper or plastic caps in sheets, strips, rolls, or |
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individual caps containing not more than an average of 25/100 of a |
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grain of explosive composition for each cap and that are packed and |
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shipped according to 49 C.F.R. Part 173 (1996); |
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(2) model rockets and model rocket motors designed, |
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sold, and used for the purpose of propelling recoverable aero |
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models; |
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(3) propelling or expelling charges consisting of a |
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mixture of sulfur, charcoal, and potassium nitrate; |
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(4) novelties and trick noisemakers; |
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(5) the sale, at wholesale, of any type of fireworks by |
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a resident manufacturer, distributor, importer, or jobber if the |
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fireworks are intended for shipment directly out of state in |
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accordance with the regulations of the United States Department of |
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Transportation; |
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(6) the sale, and use in emergency situations, of |
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pyrotechnic signaling devices or distress signals for marine, |
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aviation, or highway use; |
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(7) the use of fusee and railway torpedoes by |
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railroads; |
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(8) the sale of blank cartridges for use in radio, |
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television, film, or theater productions, for signal or ceremonial |
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purposes in athletic events, or for industrial purposes; |
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(9) the use of any pyrotechnic device by military |
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organizations; or |
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(10) a public fireworks display conducted by a |
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licensed pyrotechnic operator. |
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SECTION 3. An order adopted by a commissioners court under |
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Section 352.051, Local Government Code, before the effective date |
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of this Act applies only to the sale or use of fireworks defined as |
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restricted fireworks under Section 352.051, Local Government Code, |
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when the order was adopted. |
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SECTION 4. This Act takes effect immediately if it receives |
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a vote of two-thirds of all the members elected to each house, as |
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provided by Section 39, Article III, Texas Constitution. If this |
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Act does not receive the vote necessary for immediate effect, this |
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Act takes effect September 1, 2009. |