AUTHOR'S / SPONSOR'S STATEMENT OF INTENT
S.B. 570 provides a mechanism for counties to have signs posted at rest areas indicating that fireworks are prohibited. There is currently no provision in law for the posting of signage at rest stops where fireworks are prohibited. This bill provides a process for the posting of those signs.
S.B. 570 amends current law relating to the use of fireworks at certain Texas Department of Transportation rest areas and creates a criminal offense.
RULEMAKING AUTHORITY
This bill does not expressly grant any additional rulemaking authority to a state officer, institution, or agency.
SECTION BY SECTION ANALYSIS
SECTION 1. Amends the heading to Subchapter F, Chapter 203, Transportation Code, to read as follows:
SUBCHAPTER F. USE OF CERTAIN PROPERTY
SECTION 2. Amends Subchapter F, Chapter 203, Transportation Code, by adding Section 203.112, as follows:
Sec. 203.112. PROHIBITION OR RESTRICTION OF FIREWORKS AT REST AREA. (a) Defines "rest area" in this section.
(b) Requires the Texas Transportation Commission (TTC) by order to prohibit or restrict the use of fireworks at a state highway rest area in the unincorporated area of a county if:
(1) the commissioners court of the county petitions TTC to adopt the order; and
(2) the county pays the Texas Department of Transportation (TxDOT) for the costs of designing, construction, and erecting signs at the rest area giving notice of the order.
(c) Requires TxDOT, after an order is adopted under Subsection (b), to erect signs at the rest area giving notice of the order. Requires TxDOT, if a sign is damaged or destroyed, to replace the sign if the county:
(1) submits to TxDOT a written request for replacement; and
(2) pays TxDOT for the costs of constructing and replacing the sign.
(d) Provides that a person who knowingly or intentionally violates a prohibition or restriction established by an order adopted under this section commits an offense. Provides that an offense under this subsection is a Class C misdemeanor.
SECTION 3. Effective date: September 1, 2015.