Bill Text: TX HB152 | 2015-2016 | 84th Legislature | Introduced
Bill Title: Relating to the authority of the voters of certain counties to authorize the county to regulate the sale and use of fireworks; providing penalties.
Sponsorship: Partisan Bill (Republican 1)
Status: (Introduced - Dead) 2015-03-26 - Left pending in committee [HB152 Detail]
Download: Texas-2015-HB152-Introduced.html
| 84R359 NC-D | ||
| By: Harless | H.B. No. 152 | |
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| 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. | ||
