84R359 NC-D

By: Harless H.B. No. 152

A BILL TO BE ENTITLED

AN ACT

relating to the authority of the voters of certain counties to authorize the county to regulate the sale and use of fireworks; providing penalties.

BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:

SECTION 1. Subchapter C, Chapter 352, Local Government Code, is amended by adding Section 352.052 to read as follows:

Sec. 352.052. ADDITIONAL REGULATION OF FIREWORKS IN CERTAIN COUNTIES. (a) In this section, "fireworks" means any composition or device designed for entertainment to produce a visible or audible effect by combustion, explosion, deflagration, or detonation.

(b) This section does not apply to:

(1) toy pistols, toy canes, toy guns, or other devices that use paper or plastic caps in sheets, strips, rolls, or individual caps containing not more than an average of 25/100 of a grain of explosive composition for each cap and that are approved for transportation according to 49 C.F.R. Part 173 (1996);

(2) model rockets and model rocket motors designed, sold, and used for the purpose of propelling recoverable aero models;

(3) propelling or expelling charges consisting of a mixture of sulfur, charcoal, and potassium nitrate;

(4) novelties and trick noisemakers;

(5) the sale, at wholesale, of any type of fireworks by a resident manufacturer, distributor, importer, or jobber if the fireworks are intended for shipment directly out of state in accordance with the regulations of the United States Department of Transportation;

(6) the sale, and use in emergency situations, of pyrotechnic signaling devices or distress signals for marine, aviation, or highway use;

(7) the use of fusee and railway torpedoes by railroads;

(8) the sale of blank cartridges for use in radio, television, film, or theater productions, for signal or ceremonial purposes in athletic events, or for industrial purposes;

(9) the use of any pyrotechnic device by military organizations; or

(10) a public fireworks display conducted by a licensed pyrotechnic operator.

(c) This section applies only to a county with a population of 3.3 million or more.

(d) The commissioners court of a county may order and hold an election on the question of granting the commissioners court authority to prohibit or otherwise regulate the sale or use of fireworks in the unincorporated area of the county to promote public health, safety, or welfare. The ballot shall be printed to provide for voting for or against the proposition: "Granting the Commissioners Court of (name of county) the authority to prohibit or otherwise regulate the sale or use of fireworks in the unincorporated area of (name of county) to promote public health, safety, or welfare." If a majority of the qualified voters voting in the election approves the proposition, the commissioners court may, by order, prohibit or otherwise regulate fireworks as provided by this section.

(e) A person who violates a prohibition or regulation adopted by the county under this section is liable to the county for a civil penalty of not more than $100 for each violation. Each day a violation continues is considered a separate violation for purposes of assessing the civil penalty. A county may bring suit in a district court to recover a civil penalty authorized by this subsection.

(f) A person commits an offense if the person intentionally or knowingly violates a prohibition or regulation adopted under this section by the commissioners court. An offense under this subsection is a Class C misdemeanor.

(g) Authority under this section is cumulative of other authority that a county has to regulate the sale or use of fireworks and does not limit that other authority.

SECTION 2. 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, 2015.