By: Chavez H.B. No. 4530
A BILL TO BE ENTITLED
AN ACT
relating to the regulation of the location in which fireworks may be
sold in certain counties located along the Texas-Mexico border.
BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
SECTION 1. Subchapter C, Chapter 352, Local Government
Code, is amended by adding a new 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 greater than 750,000;
(2) is located along the Texas-Mexico border;
(3) has average annual rainfall of less than 20 inches
according to the United States Geological Survey; and
(4) has no professional fire service provided in the
area.
(b) In this section, "resident" means a person who is 18
years of age or older 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 composed of:
(1) one or more locations at which fireworks have
historically been sold at retail to consumers; and
(2) the area defined by a radius that is not greater
than 2 miles in every direction from a location or locations
described by Subsection (c)(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 prior to the 90th day preceding
the date of the beginning of the sale of fireworks as provided in
this code, the court may restrict or prohibit the sale of fireworks
within the area designated in Subsection (c).
(e) The signatures on a petition filed under Subsection (d)
shall be reviewed by the county commissioners court, or its
designee, which shall determine whether at least 500 of the
signer's of the petition reside within the area designated in
Section (c).
(f) If this section conflicts with the provisions of any
other law, this section shall prevail.
SECTION 2. EFFECTIVE DATE. 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, the Act takes effect on the ninety-first day
after the last day of the legislative session in which it is
enacted.