82R4491 TJB-D
By: Harless H.B. No. 2617
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) 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 packed and
shipped 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) 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.
(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, 2011.