Texas 2009 - 81st Regular

Texas House Bill HB1752 Compare Versions

Only one version of the bill is available at this time.

Old	New	Differences
1	1	81R5240 PAM-D
2	2	By: Leibowitz H.B. No. 1752
3	3
4	4
5	5	A BILL TO BE ENTITLED
6	6	AN ACT
7	7	relating to county regulation of fireworks during severe drought
8	8	conditions.
9	9	BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
10	10	SECTION 1. Section 352.051, Local Government Code, is
11	11	amended by amending Subsections (a), (b), (d)-(g), and (i) and
12	12	adding Subsections (c-1) and (i-1) to read as follows:
13	13	(a) For the purposes of this section the following
14	14	definitions shall apply:
15	15	(1) "Restricted fireworks" means only those items
16	16	classified under 49 C.F.R. Sec. 173.100(r)(2) (10-1-86 edition),
17	17	as "skyrockets with sticks" and "missiles with fins".
18	18	(1-a) "Prohibited fireworks" means those devices that:
19	19	(A) produce a shower or spray of ignited
20	20	materials; or
21	21	(B) when ignited, rise above the ground.
22	22	(2) "Drought conditions" means the existence
23	23	immediately preceding or during the fireworks season of a
24	24	Keetch-Byram Drought Index of 575 or greater.
25	25	(3) "Severe drought conditions" means the existence
26	26	immediately preceding or during the fireworks season of a
27	27	Keetch-Byram Drought Index of 600 or greater.
28	28	(b)(1) The Texas Forest Service in the ordinary course of
29	29	its activities shall determine whether drought conditions, as
30	30	defined under Subsection (a)(2), or severe drought conditions, as
31	31	defined by Subsection (a)(3), exist on average in any county
32	32	requesting such a determination. The Texas Forest Service shall
33	33	make available the measurement index guidelines used to determine
34	34	whether drought or severe drought conditions exist in a particular
35	35	area. Following any determination that [such] drought or severe
36	36	drought conditions exist, the Texas Forest Service shall notify the
37	37	[said] county or counties when [such] drought or severe drought
38	38	conditions no longer exist. The Texas Forest Service shall make
39	39	its services available each day during the Cinco de Mayo, Fourth of
40	40	July, and December fireworks seasons to respond to the request of
41	41	any county for a determination whether drought or severe drought
42	42	conditions exist on average in the county.
43	43	(2) The Texas Forest Service shall be allowed to take
44	44	such donations of equipment or funds as necessary to aid in the
45	45	carrying out of this section.
46	46	(c-1) Upon a determination under this section that severe
47	47	drought conditions exist on average in a specified county, the
48	48	commissioners court of the county by order may prohibit or restrict
49	49	the sale or use of restricted and prohibited fireworks in the
50	50	unincorporated area of the county. In addition, during the
51	51	December fireworks season, the commissioners court of a county by
52	52	order may restrict or prohibit the sale or use of restricted and
53	53	prohibited fireworks in specified areas when conditions on rural
54	54	acreage in the county not under cultivation for a period of at least
55	55	12 months are determined to be extremely hazardous for the danger of
56	56	fire because of high grass or dry vegetation.
57	57	(d) To facilitate compliance with an order adopted under
58	58	Subsection (c) or (c-1), the order must be adopted before:
59	59	(1) April 25 of each year for the Cinco de Mayo
60	60	fireworks season;
61	61	(2) June 15 of each year for the Fourth of July
62	62	fireworks season; and
63	63	(3) December 15 of each year for each December
64	64	fireworks season.
65	65	(e) An order issued under this section shall expire upon
66	66	determination as provided under Subsection (b) that [such] drought
67	67	or severe drought conditions no longer exist.
68	68	(f) When a county issues an order restricting or prohibiting
69	69	the sale or use of restricted or prohibited fireworks under this
70	70	section, the county may approve a site provided by fireworks
71	71	vendors [designate one or more areas] of appropriate size and
72	72	accessibility in the county as a safe area [areas] where the use of
73	73	restricted fireworks is not prohibited, and the legislature
74	74	encourages a county to approve [designate] such an area for that
75	75	purpose. [The safe area may be provided by the county, a
76	76	municipality within the county, or an individual, business, or
77	77	corporation.] A safe area may be approved [designated] in and
78	78	provided in the geographic area of the regulatory jurisdiction of a
79	79	municipality if the activity conducted in the safe area is
80	80	authorized by general law or a municipal regulation or
81	81	ordinance. An area is considered safe if adequate public safety
82	82	and fire protection services are provided to the area. A county,
83	83	municipality, individual, business, or corporation is not liable
84	84	for injuries or damages resulting from the approval [designation],
85	85	maintenance, or use of the safe area.
86	86	(g) A person selling any type of fireworks, including
87	87	restricted or prohibited fireworks, in a county that has adopted an
88	88	order under Subsection (c) or (c-1) shall, at every location at
89	89	which the person sells fireworks in the county, provide reasonable
90	90	notice of the order and reasonable notice of any location approved
91	91	[designated] under Subsection (f) as a safe area.
92	92	(i) A person commits an offense if the person knowingly or
93	93	intentionally violates a prohibition established by an order issued
94	94	under Subsection (c) [this section]. An offense under this
95	95	subsection is a Class C misdemeanor.
96	96	(i-1) A person commits an offense if the person knowingly or
97	97	intentionally violates a prohibition established by an order issued
98	98	under Subsection (c-1). An offense under this subsection is a
99	99	misdemeanor punishable by a fine not to exceed $1,000.
100	100	SECTION 2. This Act takes effect September 1, 2009.