| 1 | 1 | | 81R13777 NC-D |
|---|
| 2 | 2 | | By: Riddle H.B. No. 3243 |
|---|
| 3 | 3 | | |
|---|
| 4 | 4 | | |
|---|
| 5 | 5 | | A BILL TO BE ENTITLED |
|---|
| 6 | 6 | | AN ACT |
|---|
| 7 | 7 | | relating to the regulation of the sale and use of fireworks by |
|---|
| 8 | 8 | | certain counties; providing penalties. |
|---|
| 9 | 9 | | BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS: |
|---|
| 10 | 10 | | SECTION 1. Subchapter C, Chapter 352, Local Government |
|---|
| 11 | 11 | | Code, is amended by adding Section 352.052 to read as follows: |
|---|
| 12 | 12 | | Sec. 352.052. ADDITIONAL REGULATION OF FIREWORKS IN CERTAIN |
|---|
| 13 | 13 | | COUNTIES. (a) This section applies only to a county with a |
|---|
| 14 | 14 | | population of 3.3 million or more. |
|---|
| 15 | 15 | | (b) To promote public health, safety, and welfare, the |
|---|
| 16 | 16 | | commissioners court of a county by order may prohibit or otherwise |
|---|
| 17 | 17 | | regulate the sale or use of fireworks in the unincorporated area of |
|---|
| 18 | 18 | | the county. |
|---|
| 19 | 19 | | (c) A person who violates a prohibition or regulation |
|---|
| 20 | 20 | | adopted by the county under this section is liable to the county for |
|---|
| 21 | 21 | | a civil penalty of not more than $100 for each violation. Each day a |
|---|
| 22 | 22 | | violation continues is considered a separate violation for purposes |
|---|
| 23 | 23 | | of assessing the civil penalty. A county may bring suit in a |
|---|
| 24 | 24 | | district court to recover a civil penalty authorized by this |
|---|
| 25 | 25 | | subsection. |
|---|
| 26 | 26 | | (d) A person commits an offense if the person intentionally |
|---|
| 27 | 27 | | or knowingly violates a prohibition or regulation adopted under |
|---|
| 28 | 28 | | this section by the commissioners court. An offense under this |
|---|
| 29 | 29 | | subsection is a Class C misdemeanor. |
|---|
| 30 | 30 | | (e) Authority under this section is cumulative of other |
|---|
| 31 | 31 | | authority that a county has to regulate the sale or use of fireworks |
|---|
| 32 | 32 | | and does not limit that other authority. |
|---|
| 33 | 33 | | SECTION 2. This Act takes effect immediately if it receives |
|---|
| 34 | 34 | | a vote of two-thirds of all the members elected to each house, as |
|---|
| 35 | 35 | | provided by Section 39, Article III, Texas Constitution. If this |
|---|
| 36 | 36 | | Act does not receive the vote necessary for immediate effect, this |
|---|
| 37 | 37 | | Act takes effect September 1, 2009. |
|---|