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AN ACT
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relating to the regulation of fireworks and fireworks displays. |
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�������BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS: |
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�������SECTION�1.��Section 2154.003, Occupations Code, is amended |
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by adding Subsection (d) to read as follows: |
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�������(d)��In addition to the items described by Subsection (b), |
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pop rockets with a propellant casing length of less than five |
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inches, an exterior diameter of less than three-fourths of an inch, |
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and an overall total rocket length of less than 26 inches are not |
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permissible fireworks. |
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�������SECTION�2.��Sections 2154.054(b) and (c), Occupations Code, |
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are amended to read as follows: |
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�������(b)��The council is composed of five members as follows: |
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�������������(1)��four members�who are representatives from the |
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fireworks industry; and |
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�������������(2)��one member who is a representative of a county fire |
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marshal's office and who has at least five years of experience as a |
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county fire marshal. |
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�������(c)��On�[The Texas Pyrotechnic Association may, on] request |
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by the commissioner, the following may�recommend individuals for |
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appointment to the council: |
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�������������(1)��the Texas Pyrotechnic Association or the Texas |
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Fireworks Association for appointments under Subsection (b)(1); |
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and |
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�������������(2)��the Texas Fire Marshal's Association for an |
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appointment under Subsection (b)(2). |
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�������SECTION�3.��Section 2154.202(g), Occupations Code, is |
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amended to read as follows: |
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�������(g)��A retail fireworks permit holder may sell fireworks only |
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to the public, and only during periods: |
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�������������(1)��beginning June 24 and ending at midnight on July 4; |
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[and] |
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�������������(2)��beginning December 20 and ending at midnight on |
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January 1 of the following year; and |
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�������������(3)��beginning May 1 and ending at midnight on May 5 if |
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the fireworks are sold at a location that is not more than 100 miles |
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from the Texas-Mexico border and that is in a county in which the |
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commissioners court of the county has approved the sale of |
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fireworks during the period. |
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�������SECTION�4.��Section 2154.252(c), Occupations Code, is |
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amended to read as follows: |
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�������(c)��Fireworks may not be sold or offered for sale to |
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children under 16�[12] years of age or to an intoxicated or |
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incompetent person. �A person selling fireworks at retail shall |
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make a reasonable effort to determine that potential purchasers of |
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fireworks are of the minimum age required by this subsection. |
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�������SECTION�5.��Subchapter F, Chapter 2154, Occupations Code, is |
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amended by adding Section 2154.254 to read as follows: |
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�������Sec.�2154.254.��EMPLOYMENT OF MINORS. �(a) �Except as |
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provided by Subsection (c), a person may not employ or allow a |
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person younger than 16 years of age to manufacture, distribute, |
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sell, or purchase fireworks in the course of the person's business. |
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�������(b)��Except as provided by Subsection (c), a person may not |
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employ a person 16 years of age or older but younger than 18 years of |
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age to sell fireworks at a retail sales location unless the person |
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selling fireworks at that location is accompanied by another person |
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who is at least 18 years of age. |
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�������(c)��An owner of a retail sales location may employ a person |
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who is otherwise prohibited from engaging in that activity by |
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Subsection (a) or (b) to sell fireworks at the owner's retail sales |
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location if the person employed is: |
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�������������(1)��a member of the owner's immediate family; |
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�������������(2)��12 years of age or older; and |
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�������������(3)��accompanied by another person who is at least 18 |
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years of age while the person is engaged in selling fireworks at |
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that location. |
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�������SECTION�6.��Section 2154.303(c), Occupations Code, is |
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amended to read as follows: |
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�������(c)��A violation of Section 2154.251(a)(1), (2), (3), (4), |
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[or] (5), or (8) that results in property damage in an amount of |
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less than $200 and does not result in bodily injury or death, or a |
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violation of Section 2154.254(a) or (b), is a Class C misdemeanor. |
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�������SECTION�7.��Section 352.051, Local Government Code, is |
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amended by amending Subsections (a), (b), (c), (d), and (f) and |
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adding Subsection (j) to read as follows: |
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�������(a)��For the purposes of this section the following |
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definitions shall apply: |
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�������������(1)��"Restricted fireworks" means only those items |
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classified under 49 C.F.R. Sec. 173.100(r)(2) (10-1-86 edition), as |
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"skyrockets with sticks" and "missiles with fins". |
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�������������(2)��"Drought conditions" means�[shall mean] the |
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existence immediately preceding or during the fireworks season of a |
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[long-term deficit of moisture creating atypically severe
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conditions with increased wildfire occurrence as defined by the
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Texas Forest Service through the use of the] Keetch-Byram Drought |
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Index of 575 or greater[, or when such index is not available,
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through a comparable measurement which takes into consideration the
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burning index, spread component, or ignition component for that
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particular area]. |
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�������(b)(1)��The Texas Forest Service in the ordinary course of |
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its activities shall determine whether drought conditions, as |
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defined under Subsection (a)(2), exist on average in [all or part
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of] any county requesting such a determination. The Texas Forest |
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Service shall make available the measurement index guidelines used |
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to�[that] determine whether drought conditions exist in�a |
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particular area [is in drought condition]. Following any |
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determination that such drought conditions exist, the Texas Forest |
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Service shall notify said county or counties when such drought |
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conditions no longer exist. �The Texas Forest Service shall make its |
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services available each day during the Fourth of July and December |
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fireworks seasons to respond to the request of any county for a |
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determination whether drought conditions exist on average in the |
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county. |
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�������������(2)��The Texas Forest Service shall be allowed to take |
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such donations of equipment or funds as necessary to aid in the |
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carrying out of this section. |
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�������(c)��Upon a determination under this section that drought |
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conditions exist on average in [within all or part of] a specified |
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county, the commissioners court of the�[such] county by order may |
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prohibit or restrict the sale or use of restricted fireworks in [all
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or a portion of] the unincorporated area of the county [where
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drought conditions have been determined to exist]. In addition, |
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during the December fireworks season, the commissioners court of a |
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county by order may restrict or prohibit the sale or use of |
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restricted fireworks in specified areas when conditions on rural |
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acreage in the county not under cultivation for a period of at least |
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12 months are determined to be extremely hazardous for the danger of |
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fire because of high grass or dry vegetation. |
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�������(d)��To facilitate compliance with an order adopted under |
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Subsection (c), the order must be adopted before: |
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�������������(1)��April 25 of each year for the Cinco de Mayo |
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fireworks season; |
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�������������(2) June 15 of each year for the Fourth of July |
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fireworks season; and |
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�������������(3) [(2)]��December 15 of each year for each December |
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fireworks season. |
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�������(f)��When a county issues an order restricting or prohibiting |
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the sale or use of restricted fireworks under this section, the |
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[The] county may designate one or more areas of appropriate size and |
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accessibility in the county as safe areas where the use of |
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restricted fireworks is not prohibited, and the legislature |
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encourages a county to designate such an area for that purpose. The |
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safe area may be provided by the county, a municipality within the |
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county, or an individual, business, or corporation. A safe area may |
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be designated in and provided in the geographic area of the |
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regulatory jurisdiction of a municipality if the activity conducted |
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in the safe area is authorized by general law or a municipal |
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regulation or ordinance. An area is considered safe if adequate |
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public safety and fire protection services are provided to the |
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area. A county, municipality, individual, business, or corporation |
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is not liable for injuries or damages resulting from the |
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designation, maintenance, or use of the safe area. |
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�������(j)��A civil action against a county based on the county's |
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actions under this section must be brought in the appropriate court |
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in that county. |
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�������SECTION�8.��(a) �The changes in law made by this Act apply |
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only to an offense committed on or after the effective date of the |
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applicable section. For purposes of this section, an offense is |
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committed before the effective date of a section of this Act if any |
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element of the offense occurs before that date. |
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�������(b)��An offense committed before the effective date of a |
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section of this Act is covered by the applicable law in effect when |
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the offense was committed, and the former law is continued in effect |
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for that purpose. |
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�������SECTION�9.��(a) �Except as provided by Subsection (b) of this |
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section, this Act takes effect immediately if it receives a vote of |
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two-thirds of all the members elected to each house, as provided by |
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Section 39, Article III, Texas Constitution. If this Act does not |
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receive the vote necessary for immediate effect, this Act takes |
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effect September 1, 2007. |
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�������(b)��Section 1 of this Act takes effect January 2, 2008. |
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______________________________ |
______________________________ |
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���President of the Senate |
Speaker of the House����� |
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�������I certify that H.B. No. 539 was passed by the House on May 11, |
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2007, by the following vote:��Yeas 144, Nays 0, 2 present, not |
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voting; that the House refused to concur in Senate amendments to |
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H.B. No. 539 on May 25, 2007, and requested the appointment of a |
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conference committee to consider the differences between the two |
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houses; and that the House adopted the conference committee report |
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on H.B. No. 539 on May 27, 2007, by the following vote:��Yeas 143, |
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Nays 0, 2 present, not voting. |
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______________________________ |
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Chief Clerk of the House��� |
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�������I certify that H.B. No. 539 was passed by the Senate, with |
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amendments, on May 23, 2007, by the following vote:��Yeas 29, Nays |
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2; at the request of the House, the Senate appointed a conference |
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committee to consider the differences between the two houses; and |
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that the Senate adopted the conference committee report on H.B. No. |
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539 on May 27, 2007, by the following vote:��Yeas 30, Nays 0. |
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______________________________ |
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Secretary of the Senate��� |
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APPROVED: __________________ |
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����������������Date������� |
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�������� __________________ |
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��������������Governor������� |