2009S0602-1 03/06/09
By: Quintanilla H.B. No. 3817
A BILL TO BE ENTITLED
AN ACT
relating to restrictions on the sale of fireworks in certain
counties.
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. APPLICABILITY. (a) This section applies
only to the unincorporated area of a county that:
(1) has a population of more than 750,000;
(2) has an average annual rainfall of less than 20
inches, according to the United States Geological Survey; and
(3) has no professional fire service provided in the
area.
(b) In this section, "resident" means a person who is
at least 18 years of age and resides in an area designated
under Subsection (c).
(c) The commissioners court of a county to which this
section applies may designate an area as subject to possible
regulation under this section if:
(1) at one or more locations in the area fireworks have
historically been sold at retail to consumers; and
(2) all of the area lies within two miles of any
location described by Subdivision (1).
(d) If a petition requesting the prohibition of the sale of
fireworks that is signed by at least 500 residents of an area
designated by the commissioners court under Subsection (c) is filed
with a county commissioners court before the 90th day preceding the
date of the beginning of the sale of fireworks as provided by this
code, the court may restrict or prohibit the sale of fireworks
within the area designated.
(e) The signatures on a petition filed under Subsection (d)
must be reviewed by the county commissioners court, or its
designee, which shall determine whether at least 500 of the signers
of the petition reside within the area designated under Subsection
(c).
(f) If this section conflicts with the provisions of any
other law, this section prevails.
SECTION 2. This Act takes effect immediately if it receives
a vote of two-thirds of all 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 on the 91st day after the last day of the
legislative session.