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

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

FULL TEXT:
AN ACT relating to the regulation of the sale and use of fireworks by certain counties; 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 packed and shipped 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 Cmisdemeanor. (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.