Texas 2015 84th Regular

Texas House Bill HB152 Introduced / Bill

Filed 11/10/2014

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                    84R359 NC-D
 By: Harless H.B. No. 152


 A BILL TO BE ENTITLED
 AN ACT
 relating to the authority of the voters of certain counties to
 authorize the county to regulate the sale and use of fireworks;
 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 approved
 for transportation 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)  The commissioners court of a county may order and hold
 an election on the question of granting the commissioners court
 authority to prohibit or otherwise regulate the sale or use of
 fireworks in the unincorporated area of the county to promote
 public health, safety, or welfare.  The ballot shall be printed to
 provide for voting for or against the proposition: "Granting the
 Commissioners Court of (name of county) the authority to prohibit
 or otherwise regulate the sale or use of fireworks in the
 unincorporated area of (name of county) to promote public health,
 safety, or welfare." If a majority of the qualified voters voting
 in the election approves the proposition, the commissioners court
 may, by order, prohibit or otherwise regulate fireworks as provided
 by this section.
 (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, 2015.