Bill Text: TX HB107 | 2013-2014 | 83rd Legislature | Introduced

Texas House Bill 107 (Prior Session Legislation)

Introduced

Bill Title: Relating to the regulation by certain counties of the sale and use of fireworks; providing penalties.

Sponsorship: Partisan Bill (Republican 1)

Status: (Introduced - Dead) 2013-05-02 - Left pending in committee [HB107 Detail]

Download: Texas-2013-HB107-Introduced.html

	83R1678 NC-D

	By: Harless	H.B. No. 107



	A BILL TO BE ENTITLED
	AN ACT
	relating to the regulation by certain counties of 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) 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, 2013.