| 1 | 1 | | 2009S0602-1 03/06/09 |
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| 2 | 2 | | By: Quintanilla H.B. No. 3817 |
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| 3 | 3 | | |
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| 4 | 4 | | |
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| 5 | 5 | | A BILL TO BE ENTITLED |
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| 6 | 6 | | AN ACT |
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| 7 | 7 | | relating to restrictions on the sale of fireworks in certain |
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| 8 | 8 | | counties. |
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| 9 | 9 | | BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS: |
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| 10 | 10 | | SECTION 1. Subchapter C, Chapter 352, Local Government |
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| 11 | 11 | | Code, is amended by adding Section 352.052 to read as follows: |
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| 12 | 12 | | Sec. 352.052. APPLICABILITY. (a) This section applies |
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| 13 | 13 | | only to the unincorporated area of a county that: |
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| 14 | 14 | | (1) has a population of more than 750,000; |
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| 15 | 15 | | (2) has an average annual rainfall of less than 20 |
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| 16 | 16 | | inches, according to the United States Geological Survey; and |
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| 17 | 17 | | (3) has no professional fire service provided in the |
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| 18 | 18 | | area. |
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| 19 | 19 | | (b) In this section, "resident" means a person who is |
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| 20 | 20 | | at least 18 years of age and resides in an area designated |
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| 21 | 21 | | under Subsection (c). |
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| 22 | 22 | | (c) The commissioners court of a county to which this |
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| 23 | 23 | | section applies may designate an area as subject to possible |
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| 24 | 24 | | regulation under this section if: |
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| 25 | 25 | | (1) at one or more locations in the area fireworks have |
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| 26 | 26 | | historically been sold at retail to consumers; and |
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| 27 | 27 | | (2) all of the area lies within two miles of any |
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| 28 | 28 | | location described by Subdivision (1). |
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| 29 | 29 | | (d) If a petition requesting the prohibition of the sale of |
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| 30 | 30 | | fireworks that is signed by at least 500 residents of an area |
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| 31 | 31 | | designated by the commissioners court under Subsection (c) is filed |
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| 32 | 32 | | with a county commissioners court before the 90th day preceding the |
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| 33 | 33 | | date of the beginning of the sale of fireworks as provided by this |
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| 34 | 34 | | code, the court may restrict or prohibit the sale of fireworks |
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| 35 | 35 | | within the area designated. |
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| 36 | 36 | | (e) The signatures on a petition filed under Subsection (d) |
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| 37 | 37 | | must be reviewed by the county commissioners court, or its |
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| 38 | 38 | | designee, which shall determine whether at least 500 of the signers |
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| 39 | 39 | | of the petition reside within the area designated under Subsection |
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| 40 | 40 | | (c). |
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| 41 | 41 | | (f) If this section conflicts with the provisions of any |
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| 42 | 42 | | other law, this section prevails. |
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| 43 | 43 | | SECTION 2. This Act takes effect immediately if it receives |
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| 44 | 44 | | a vote of two-thirds of all members elected to each house, as |
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| 45 | 45 | | provided by Section 39, Article III, Texas Constitution. If this |
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| 46 | 46 | | Act does not receive the vote necessary for immediate effect, this |
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| 47 | 47 | | Act takes effect on the 91st day after the last day of the |
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| 48 | 48 | | legislative session. |
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