| 1 | 1 | | By: Chavez H.B. No. 4530 |
|---|
| 2 | 2 | | |
|---|
| 3 | 3 | | |
|---|
| 4 | 4 | | A BILL TO BE ENTITLED |
|---|
| 5 | 5 | | AN ACT |
|---|
| 6 | 6 | | relating to the regulation of the location in which fireworks may be |
|---|
| 7 | 7 | | sold in certain counties located along the Texas-Mexico border. |
|---|
| 8 | 8 | | BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS: |
|---|
| 9 | 9 | | SECTION 1. Subchapter C, Chapter 352, Local Government |
|---|
| 10 | 10 | | Code, is amended by adding a new Section 352.052 to read as follows: |
|---|
| 11 | 11 | | Sec. 352.052. APPLICABILITY. (a) This section applies |
|---|
| 12 | 12 | | only to the unincorporated area of a county that: |
|---|
| 13 | 13 | | (1) has a population greater than 750,000; |
|---|
| 14 | 14 | | (2) is located along the Texas-Mexico border; |
|---|
| 15 | 15 | | (3) has average annual rainfall of less than 20 inches |
|---|
| 16 | 16 | | according to the United States Geological Survey; and |
|---|
| 17 | 17 | | (4) has no professional fire service provided in the |
|---|
| 18 | 18 | | area. |
|---|
| 19 | 19 | | (b) In this section, "resident" means a person who is 18 |
|---|
| 20 | 20 | | years of age or older and resides in an area designated under |
|---|
| 21 | 21 | | Subsection (c). |
|---|
| 22 | 22 | | (c) The commissioners court of a county to which this |
|---|
| 23 | 23 | | section applies may designate an area composed of: |
|---|
| 24 | 24 | | (1) one or more locations at which fireworks have |
|---|
| 25 | 25 | | historically been sold at retail to consumers; and |
|---|
| 26 | 26 | | (2) the area defined by a radius that is not greater |
|---|
| 27 | 27 | | than 2 miles in every direction from a location or locations |
|---|
| 28 | 28 | | described by Subsection (c)(1). |
|---|
| 29 | 29 | | (d) If a petition requesting the prohibition of the sale of |
|---|
| 30 | 30 | | fireworks that is signed by at least 500 residents of an area |
|---|
| 31 | 31 | | designated by the commissioners court under Subsection (c) is filed |
|---|
| 32 | 32 | | with a county commissioners court prior to the 90th day preceding |
|---|
| 33 | 33 | | the date of the beginning of the sale of fireworks as provided in |
|---|
| 34 | 34 | | this code, the court may restrict or prohibit the sale of fireworks |
|---|
| 35 | 35 | | within the area designated in Subsection (c). |
|---|
| 36 | 36 | | (e) The signatures on a petition filed under Subsection (d) |
|---|
| 37 | 37 | | shall be reviewed by the county commissioners court, or its |
|---|
| 38 | 38 | | designee, which shall determine whether at least 500 of the |
|---|
| 39 | 39 | | signer's of the petition reside within the area designated in |
|---|
| 40 | 40 | | Section (c). |
|---|
| 41 | 41 | | (f) If this section conflicts with the provisions of any |
|---|
| 42 | 42 | | other law, this section shall prevail. |
|---|
| 43 | 43 | | SECTION 2. EFFECTIVE DATE. This Act takes effect |
|---|
| 44 | 44 | | immediately if it receives a vote of two-thirds of all members |
|---|
| 45 | 45 | | elected to each house, as provided by Section 39, Article III, Texas |
|---|
| 46 | 46 | | Constitution. If this Act does not receive the vote necessary for |
|---|
| 47 | 47 | | immediate effect, the Act takes effect on the ninety-first day |
|---|
| 48 | 48 | | after the last day of the legislative session in which it is |
|---|
| 49 | 49 | | enacted. |
|---|