| 1 | 1 | | 84R359 NC-D |
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| 2 | 2 | | By: Harless H.B. No. 152 |
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| 3 | 3 | | |
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| 4 | 4 | | |
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| 5 | 5 | | A BILL TO BE ENTITLED |
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| 6 | 6 | | AN ACT |
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| 7 | 7 | | relating to the authority of the voters of certain counties to |
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| 8 | 8 | | authorize the county to regulate the sale and use of fireworks; |
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| 9 | 9 | | providing penalties. |
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| 10 | 10 | | BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS: |
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| 11 | 11 | | SECTION 1. Subchapter C, Chapter 352, Local Government |
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| 12 | 12 | | Code, is amended by adding Section 352.052 to read as follows: |
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| 13 | 13 | | Sec. 352.052. ADDITIONAL REGULATION OF FIREWORKS IN CERTAIN |
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| 14 | 14 | | COUNTIES. (a) In this section, "fireworks" means any composition |
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| 15 | 15 | | or device designed for entertainment to produce a visible or |
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| 16 | 16 | | audible effect by combustion, explosion, deflagration, or |
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| 17 | 17 | | detonation. |
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| 18 | 18 | | (b) This section does not apply to: |
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| 19 | 19 | | (1) toy pistols, toy canes, toy guns, or other devices |
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| 20 | 20 | | that use paper or plastic caps in sheets, strips, rolls, or |
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| 21 | 21 | | individual caps containing not more than an average of 25/100 of a |
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| 22 | 22 | | grain of explosive composition for each cap and that are approved |
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| 23 | 23 | | for transportation according to 49 C.F.R. Part 173 (1996); |
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| 24 | 24 | | (2) model rockets and model rocket motors designed, |
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| 25 | 25 | | sold, and used for the purpose of propelling recoverable aero |
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| 26 | 26 | | models; |
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| 27 | 27 | | (3) propelling or expelling charges consisting of a |
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| 28 | 28 | | mixture of sulfur, charcoal, and potassium nitrate; |
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| 29 | 29 | | (4) novelties and trick noisemakers; |
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| 30 | 30 | | (5) the sale, at wholesale, of any type of fireworks by |
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| 31 | 31 | | a resident manufacturer, distributor, importer, or jobber if the |
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| 32 | 32 | | fireworks are intended for shipment directly out of state in |
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| 33 | 33 | | accordance with the regulations of the United States Department of |
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| 34 | 34 | | Transportation; |
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| 35 | 35 | | (6) the sale, and use in emergency situations, of |
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| 36 | 36 | | pyrotechnic signaling devices or distress signals for marine, |
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| 37 | 37 | | aviation, or highway use; |
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| 38 | 38 | | (7) the use of fusee and railway torpedoes by |
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| 39 | 39 | | railroads; |
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| 40 | 40 | | (8) the sale of blank cartridges for use in radio, |
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| 41 | 41 | | television, film, or theater productions, for signal or ceremonial |
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| 42 | 42 | | purposes in athletic events, or for industrial purposes; |
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| 43 | 43 | | (9) the use of any pyrotechnic device by military |
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| 44 | 44 | | organizations; or |
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| 45 | 45 | | (10) a public fireworks display conducted by a |
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| 46 | 46 | | licensed pyrotechnic operator. |
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| 47 | 47 | | (c) This section applies only to a county with a population |
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| 48 | 48 | | of 3.3 million or more. |
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| 49 | 49 | | (d) The commissioners court of a county may order and hold |
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| 50 | 50 | | an election on the question of granting the commissioners court |
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| 51 | 51 | | authority to prohibit or otherwise regulate the sale or use of |
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| 52 | 52 | | fireworks in the unincorporated area of the county to promote |
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| 53 | 53 | | public health, safety, or welfare. The ballot shall be printed to |
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| 54 | 54 | | provide for voting for or against the proposition: "Granting the |
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| 55 | 55 | | Commissioners Court of (name of county) the authority to prohibit |
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| 56 | 56 | | or otherwise regulate the sale or use of fireworks in the |
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| 57 | 57 | | unincorporated area of (name of county) to promote public health, |
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| 58 | 58 | | safety, or welfare." If a majority of the qualified voters voting |
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| 59 | 59 | | in the election approves the proposition, the commissioners court |
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| 60 | 60 | | may, by order, prohibit or otherwise regulate fireworks as provided |
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| 61 | 61 | | by this section. |
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| 62 | 62 | | (e) A person who violates a prohibition or regulation |
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| 63 | 63 | | adopted by the county under this section is liable to the county for |
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| 64 | 64 | | a civil penalty of not more than $100 for each violation. Each day a |
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| 65 | 65 | | violation continues is considered a separate violation for purposes |
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| 66 | 66 | | of assessing the civil penalty. A county may bring suit in a |
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| 67 | 67 | | district court to recover a civil penalty authorized by this |
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| 68 | 68 | | subsection. |
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| 69 | 69 | | (f) A person commits an offense if the person intentionally |
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| 70 | 70 | | or knowingly violates a prohibition or regulation adopted under |
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| 71 | 71 | | this section by the commissioners court. An offense under this |
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| 72 | 72 | | subsection is a Class C misdemeanor. |
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| 73 | 73 | | (g) Authority under this section is cumulative of other |
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| 74 | 74 | | authority that a county has to regulate the sale or use of fireworks |
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| 75 | 75 | | and does not limit that other authority. |
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| 76 | 76 | | SECTION 2. This Act takes effect immediately if it receives |
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| 77 | 77 | | a vote of two-thirds of all the members elected to each house, as |
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| 78 | 78 | | provided by Section 39, Article III, Texas Constitution. If this |
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| 79 | 79 | | Act does not receive the vote necessary for immediate effect, this |
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| 80 | 80 | | Act takes effect September 1, 2015. |
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