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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; providing a |
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criminal penalty. |
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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 COUNTY REGULATION OF |
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FIREWORKS. (a) In this section, "fireworks" means any |
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composition or device designed for entertainment to produce a |
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visible or audible effect by combustion, explosion, deflagration, |
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or 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) To protect the public health or safety, the |
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commissioners court of a county may order an election held in any |
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defined unincorporated area of the county on the question of |
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whether to prohibit the sale, possession, and use of fireworks in |
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that area. |
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(d) The ballot for the election shall be printed to provide |
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for voting for or against the proposition: "Prohibiting the sale, |
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possession, and use of fireworks in the (describe the defined |
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unincorporated area) in the unincorporated area of (name of) |
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County." |
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(e) If a majority of the votes cast at the election approve |
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the proposition, the commissioners court by order shall, as soon as |
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feasible after the election, prohibit the sale, possession, and use |
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of fireworks in the defined unincorporated area of the county that |
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approved the proposition. |
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(f) The commissioners court shall provide, at various |
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locations in the area where the sale, possession, and use of |
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fireworks is prohibited, reasonable notice of the prohibition. |
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(g) The commissioners court shall send a copy of the order |
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to the state fire marshal not later than the 30th day after the date |
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the order is adopted. |
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(h) The state fire marshal shall send a copy of each order |
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received under Subsection (g) to each licensed manufacturer, |
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distributor, and jobber in the affected county not later than the |
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30th day after the date the fire marshal receives the order. |
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(i) A person commits an offense if the person knowingly |
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violates a prohibition established by an order adopted under this |
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section. An offense under this subsection is a Class B misdemeanor. |
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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. |