82R3030 MXM-D
By: Rodriguez S.B. No. 608
A BILL TO BE ENTITLED
AN ACT
relating to the regulation of fireworks by counties; imposing a
criminal penalty.
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. FIREWORKS FEE. A county may impose a fee on a
person who sells fireworks in the unincorporated area of the
county. The fee may be used only to offset the costs of providing
additional county services resulting from fireworks sales,
including firefighting services, litter abatement services, and
traffic management services.
SECTION 2. Section 42.01(a), Penal Code, is amended to read
as follows:
(a) A person commits an offense if he intentionally or
knowingly:
(1) uses abusive, indecent, profane, or vulgar
language in a public place, and the language by its very utterance
tends to incite an immediate breach of the peace;
(2) makes an offensive gesture or display in a public
place, and the gesture or display tends to incite an immediate
breach of the peace;
(3) creates, by chemical means, a noxious and
unreasonable odor in a public place;
(4) abuses or threatens a person in a public place in
an obviously offensive manner;
(5) makes unreasonable noise in a public place other
than a sport shooting range, as defined by Section 250.001, Local
Government Code, or in or near a private residence that he has no
right to occupy;
(6) fights with another in a public place;
(7) discharges a firearm in a public place other than a
public road or a sport shooting range, as defined by Section
250.001, Local Government Code;
(8) displays a firearm or other deadly weapon in a
public place in a manner calculated to alarm;
(9) discharges a firearm on or across a public road;
(10) exposes his anus or genitals in a public place and
is reckless about whether another may be present who will be
offended or alarmed by his act; [or]
(11) for a lewd or unlawful purpose:
(A) enters on the property of another and looks
into a dwelling on the property through any window or other opening
in the dwelling;
(B) while on the premises of a hotel or
comparable establishment, looks into a guest room not the person's
own through a window or other opening in the room; or
(C) while on the premises of a public place,
looks into an area such as a restroom or shower stall or changing or
dressing room that is designed to provide privacy to a person using
the area; or
(12) explodes or ignites fireworks in a public place
or near a private residence.
SECTION 3. This Act takes effect September 1, 2011.