Texas 2009 - 81st Regular

Texas House Bill HB4625 Compare Versions

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

Old	New	Differences
1	1	81R7091 PAM-F
2	2	By: Lucio III H.B. No. 4625
3	3
4	4
5	5	A BILL TO BE ENTITLED
6	6	AN ACT
7	7	relating to county regulation of fireworks during drought
8	8	conditions.
9	9	BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
10	10	SECTION 1. Subchapter C, Chapter 352, Local Government
11	11	Code, is amended to read as follows:
12	12	SUBCHAPTER C. FIREWORKS
13	13	Sec. 352.051. DEFINITIONS [REGULATION OF RESTRICTED
14	14	FIREWORKS]. In this subchapter [(a) For the purposes of this
15	15	section the following definitions shall apply]:
16	16	(1) "Flying [Restricted] fireworks" means only:
17	17	(A) those items classified under 49 C.F.R. Sec.
18	18	173.100(r)(2) (10-1-86 edition), as "skyrockets with sticks" and
19	19	"missiles with fins"; and
20	20	(B) fireworks commonly described as missile-type
21	21	rockets, stick-type rockets, helicopters, and aerial spinners.
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 630 [575] or greater.
25	25	Sec. 352.052. REGULATION OF RESTRICTED FIREWORKS. (a)
26	26	[(b)(1)] The Texas Forest Service in the ordinary course of its
27	27	activities shall determine whether drought conditions[, as defined
28	28	under Subsection (a)(2),] exist on average in any county requesting
29	29	such a determination. The Texas Forest Service shall make
30	30	available the measurement index guidelines used to determine
31	31	whether drought conditions exist in a particular area. Following
32	32	any determination that such drought conditions exist, the Texas
33	33	Forest Service shall notify said county or counties when such
34	34	drought conditions no longer exist. The Texas Forest Service shall
35	35	make its services available each day during the Cinco de Mayo,
36	36	Fourth of July, and December fireworks seasons to respond to the
37	37	request of any county for a determination whether drought
38	38	conditions exist on average in the county.
39	39	(b) [(2)] The Texas Forest Service shall be allowed to take
40	40	such donations of equipment or funds as necessary to aid in the
41	41	carrying out of this section.
42	42	(c) Upon a determination under this section that drought
43	43	conditions exist on average in a specified county:
44	44	(1) the commissioners court may hold a hearing as
45	45	provided by Section 352.053 to determine whether extreme drought
46	46	conditions that pose an exceptional fire danger exist; and
47	47	(2) after a hearing described by Subdivision (1), the
48	48	county judge may issue a proclamation declaring a disaster caused
49	49	by extreme drought conditions as provided by Section 352.053[, the
50	50	commissioners court of the county by order may prohibit or restrict
51	51	the sale or use of restricted fireworks in the unincorporated area
52	52	of the county. In addition, during the December fireworks season,
53	53	the commissioners court of a county by order may restrict or
54	54	prohibit the sale or use of restricted fireworks in specified areas
55	55	when conditions on rural acreage in the county not under
56	56	cultivation for a period of at least 12 months are determined to be
57	57	extremely hazardous for the danger of fire because of high grass or
58	58	dry vegetation].
59	59	(d) To facilitate compliance with a proclamation issued [an
60	60	order adopted] under Section 352.053 [Subsection (c)], the
61	61	proclamation [order] must be issued not later than the 30th day
62	62	[adopted] before:
63	63	(1) April 25 of each year for the Cinco de Mayo
64	64	fireworks season;
65	65	(2) June 15 of each year for the Fourth of July
66	66	fireworks season; and
67	67	(3) December 15 of each year for each December
68	68	fireworks season.
69	69	(e) [An order issued under this section shall expire upon
70	70	determination as provided under Subsection (b) that such drought
71	71	conditions no longer exist.
72	72	[(f)] When a county issues a proclamation under Section
73	73	352.053 [an order] restricting or prohibiting the sale or use of
74	74	[restricted] fireworks [under this section], the county may approve
75	75	a site provided by fireworks vendors [designate one or more areas]
76	76	of appropriate size and accessibility in the county as safe areas
77	77	where the use of [restricted] fireworks is not prohibited, and the
78	78	legislature encourages a county to approve [designate] such an area
79	79	for that purpose. [The safe area may be provided by the county, a
80	80	municipality within the county, or an individual, business, or
81	81	corporation.] A safe area may be approved [designated] in and
82	82	provided in the geographic area of the regulatory jurisdiction of a
83	83	municipality if the activity conducted in the safe area is
84	84	authorized by general law or a municipal regulation or ordinance.
85	85	An area is considered safe if adequate public safety and fire
86	86	protection services are provided to the area. A county,
87	87	municipality, individual, business, or corporation is not liable
88	88	for injuries or damages resulting from the approval [designation],
89	89	maintenance, or use of the safe area.
90	90	(f) [(g)] A person selling any type of fireworks, including
91	91	flying [restricted] fireworks, in a county that has issued a
92	92	proclamation [adopted an order] under Section 352.053 [Subsection
93	93	(c)] shall, at every location at which the person sells fireworks in
94	94	the county, provide reasonable notice of the proclamation [order]
95	95	and reasonable notice of any location designated under Subsection
96	96	(e) [(f)] as a safe area.
97	97	(g) [(h)] An affected party is entitled to injunctive
98	98	relief to prevent the violation or threatened violation of a
99	99	requirement or prohibition established by a proclamation issued [an
100	100	order adopted] under Section 352.053 [this section].
101	101	(h) [(i)] A person commits an offense if the person
102	102	knowingly or intentionally violates a prohibition established by a
103	103	proclamation [an order] issued under Section 352.053 [this
104	104	section]. An offense under this subsection is a Class C
105	105	misdemeanor.
106	106	(i) [(j)] A civil action against a county based on the
107	107	county's actions under this subchapter [section] must be brought in
108	108	the appropriate court in that county.
109	109	Sec. 352.053. PROCLAMATION. (a) The commissioners court
110	110	of a county may hold a hearing to determine whether extreme drought
111	111	conditions that pose an exceptional fire danger exist in the
112	112	county. The commissioners court shall make findings at a hearing
113	113	under this subsection. In making the findings, the commissioners
114	114	court shall consider current drought indices published by the
115	115	National Weather Service and other relevant information provided by
116	116	the Texas Forest Service. The commissioners court may not make a
117	117	finding that extreme drought conditions that pose an exceptional
118	118	fire danger exist in the county unless drought conditions exist.
119	119	(b) After a hearing under Subsection (a), the county judge
120	120	may issue a proclamation declaring a disaster caused by extreme
121	121	drought conditions if the commissioners court makes a finding that
122	122	extreme drought conditions that pose an exceptional fire danger
123	123	exist in the county.
124	124	(c) The commissioners court, by proclamation, in the
125	125	unincorporated area of the county may:
126	126	(1) prohibit the sale or use of flying fireworks;
127	127	(2) restrict the use of fireworks other than flying
128	128	fireworks to areas:
129	129	(A) that are paved or barren;
130	130	(B) that have a readily accessible source of
131	131	water for use by the landowner or the public; or
132	132	(C) described by Section 352.052(e);
133	133	(3) prohibit the use of all fireworks on undeveloped
134	134	property with significant vegetation, after consultation with the
135	135	Texas Forest Service; and
136	136	(4) prohibit or restrict the sale or use of display
137	137	fireworks.
138	138	(d) The proclamation must provide an explanation of any
139	139	restriction on the sale or use of fireworks.
140	140	(e) A proclamation under this section expires on the 60th
141	141	day after the date the proclamation is issued. The county judge may
142	142	issue succeeding proclamations under the procedures provided by
143	143	this section.
144	144	(f) A proclamation may be modified or rescinded during the
145	145	60-day period described by Subsection (e) if the commissioners
146	146	court holds a hearing and makes a finding that drought conditions
147	147	have improved.
148	148	SECTION 2. Section 418.108(i), Government Code, is amended
149	149	to read as follows:
150	150	(i) A declaration under this section may include a
151	151	restriction that exceeds a restriction authorized by Subchapter C,
152	152	Chapter 352 [Section 352.051], Local Government Code. [A
153	153	restriction that exceeds a restriction authorized by Section
154	154	352.051, Local Government Code, is effective only:
155	155	[(1) for 60 hours unless extended by the governor; and
156	156	[(2) if the county judge requests the governor to
157	157	grant an extension of the restriction.]
158	158	SECTION 3. This Act takes effect immediately if it receives
159	159	a vote of two-thirds of all the members elected to each house, as
160	160	provided by Section 39, Article III, Texas Constitution. If this
161	161	Act does not receive the vote necessary for immediate effect, this
162	162	Act takes effect September 1, 2009.