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A BILL TO BE ENTITLED
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AN ACT
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relating to the regulation of the sale and use of fireworks by |
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certain counties; providing penalties. |
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BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS: |
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SECTION 1. Subchapter C, Chapter 352, Local Government |
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Code, is amended by adding Section 352.052 to read as follows: |
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Sec. 352.052. ADDITIONAL REGULATION OF FIREWORKS IN CERTAIN |
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COUNTIES. (a) In this section, "fireworks" means any composition |
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or device designed for entertainment to produce a visible or |
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audible effect by combustion, explosion, deflagration, or |
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detonation. |
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(b) 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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(c) This section applies only to a county with a population |
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of 3.3 million or more. |
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(d) To promote public health, safety, and welfare, the |
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commissioners court of a county by order may prohibit or otherwise |
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regulate the sale or use of fireworks in the unincorporated area of |
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the county. |
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(e) A person who violates a prohibition or regulation |
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adopted by the county under this section is liable to the county for |
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a civil penalty of not more than $100 for each violation. Each day a |
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violation continues is considered a separate violation for purposes |
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of assessing the civil penalty. A county may bring suit in a |
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district court to recover a civil penalty authorized by this |
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subsection. |
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(f) A person commits an offense if the person intentionally |
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or knowingly violates a prohibition or regulation adopted under |
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this section by the commissioners court. An offense under this |
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subsection is a Class C misdemeanor. |
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(g) Authority under this section is cumulative of other |
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authority that a county has to regulate the sale or use of fireworks |
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and does not limit that other authority. |
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SECTION 2. 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, 2011. |