| 1 | 1 | | 81R215 BEF-D |
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| 2 | 2 | | By: Hughes, Raymond, Fletcher H.B. No. 599 |
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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 the sale of fireworks on and before Texas Independence |
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| 8 | 8 | | Day. |
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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. Section 2154.202(g), Occupations Code, is |
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| 11 | 11 | | amended to read as follows: |
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| 12 | 12 | | (g) A retail fireworks permit holder may sell fireworks only |
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| 13 | 13 | | to the public, and only during periods: |
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| 14 | 14 | | (1) beginning February 20 and ending at midnight on |
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| 15 | 15 | | March 2; |
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| 16 | 16 | | (2) beginning June 24 and ending at midnight on July 4; |
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| 17 | 17 | | (3) [(2)] beginning December 20 and ending at midnight |
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| 18 | 18 | | on January 1 of the following year; and |
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| 19 | 19 | | (4) [(3)] beginning May 1 and ending at midnight on |
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| 20 | 20 | | May 5 if the fireworks are sold at a location that is not more than |
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| 21 | 21 | | 100 miles from the Texas-Mexico border and that is in a county in |
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| 22 | 22 | | which the commissioners court of the county has approved the sale of |
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| 23 | 23 | | fireworks during the period. |
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| 24 | 24 | | SECTION 2. Section 352.051(b)(1), Local Government Code, is |
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| 25 | 25 | | amended to read as follows: |
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| 26 | 26 | | (b)(1) The Texas Forest Service in the ordinary course of |
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| 27 | 27 | | its activities shall determine whether drought conditions, as |
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| 28 | 28 | | defined under Subsection (a)(2), exist on average in any county |
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| 29 | 29 | | requesting such a determination. The Texas Forest Service shall |
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| 30 | 30 | | make available the measurement index guidelines used to determine |
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| 31 | 31 | | whether drought conditions exist in a particular area. Following |
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| 32 | 32 | | any determination that such drought conditions exist, the Texas |
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| 33 | 33 | | Forest Service shall notify said county or counties when such |
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| 34 | 34 | | drought conditions no longer exist. The Texas Forest Service shall |
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| 35 | 35 | | make its services available each day during the Texas Independence |
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| 36 | 36 | | Day, Fourth of July, and December fireworks seasons to respond to |
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| 37 | 37 | | the request of any county for a determination whether drought |
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| 38 | 38 | | conditions exist on average in the county. |
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| 39 | 39 | | SECTION 3. Section 352.051(d), Local Government Code, is |
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| 40 | 40 | | amended to read as follows: |
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| 41 | 41 | | (d) To facilitate compliance with an order adopted under |
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| 42 | 42 | | Subsection (c), the order must be adopted before: |
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| 43 | 43 | | (1) February 15 of each year for the Texas |
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| 44 | 44 | | Independence Day fireworks season; |
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| 45 | 45 | | (2) April 25 of each year for the Cinco de Mayo |
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| 46 | 46 | | fireworks season; |
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| 47 | 47 | | (3) [(2)] June 15 of each year for the Fourth of July |
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| 48 | 48 | | fireworks season; and |
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| 49 | 49 | | (4) [(3)] December 15 of each year for each December |
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| 50 | 50 | | fireworks season. |
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| 51 | 51 | | SECTION 4. This Act takes effect September 1, 2009. |
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