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