83R3426 NC-F
By: Ritter H.B. No. 3236
A BILL TO BE ENTITLED
AN ACT
relating to the regulation of fireworks.
BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
SECTION 1. Section 352.081(f), Local Government Code, is
amended to read as follows:
(f) This section does not apply to outdoor burning
activities:
(1) related to public health and safety that are
authorized by the Texas Natural Resource Conservation Commission
for:
(A) firefighter training;
(B) public utility, natural gas pipeline, or
mining operations; or
(C) planting or harvesting of agriculture crops;
[or]
(2) that are conducted by a prescribed burn manager
certified under Section 153.048, Natural Resources Code, and meet
the standards of Section 153.047, Natural Resources Code; or
(3) related to igniting permissible fireworks
described by Section 2154.003, Occupations Code.
SECTION 2. Section 2154.001, Occupations Code, is amended
by adding Subdivisions (3-a) and (16-a) to read as follows:
(3-a) "Drought conditions" means the existence of a
long-term deficit of moisture with a measurement under the
Keetch-Byram Drought Index of 575 or greater.
(16-a) "Restricted fireworks" means fireworks
classified under 49 C.F.R. Section 173.100(r)(2) (10-1-86 edition)
as "skyrockets with sticks" and "missiles with fins."
SECTION 3. Section 2154.052(b), Occupations Code, is
amended to read as follows:
(b) The commissioner shall adopt and the state fire marshal
shall administer rules the commissioner considers necessary for the
protection, safety, and preservation of life and property,
including rules regulating:
(1) the issuance of licenses and permits to persons
engaged in manufacturing, selling, storing, possessing, or
transporting fireworks in this state;
(2) the possession and transportation of less than
1,000 pounds of Fireworks 1.4G by consumers and sellers;
(3) the use of restricted fireworks in a county where
drought conditions exist immediately preceding and during the
fireworks season;
(4) the conduct of public fireworks displays; and
(5) [(3)] the safe storage of Fireworks 1.3G and
Fireworks 1.4G.
SECTION 4. The following laws are repealed:
(1) Section 418.108(i), Government Code; and
(2) Section 352.051, Local Government Code.
SECTION 5. The repeal by this Act of Section 352.051, Local
Government Code, does not apply to an offense committed under that
section before the effective date of this Act. An offense committed
before that date is covered by the law in effect on the date the
offense was committed, and the former law is continued in effect for
that purpose.
SECTION 6. This Act takes effect September 1, 2013.