81R13777 NC-D
By: Harless H.B. No. 3092
A BILL TO BE ENTITLED
AN ACT
relating to the regulation of the sale and use of fireworks by
certain counties; 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) This section applies only to a county with a
population of 3.3 million or more.
(b) To promote public health, safety, and welfare, the
commissioners court of a county by order may prohibit or otherwise
regulate the sale or use of fireworks in the unincorporated area of
the county.
(c) 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.
(d) 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.
(e) 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, 2009.