By: Miller of Erath H.B. No. 3618
A BILL TO BE ENTITLED
AN ACT
Relating to the regulation of restricted fireworks.
BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
SECTION 1. Amend Section 352.051(2), Local Government Code
as follows:
Sec. 352.051. REGULATION OF RESTRICTED FIREWORKS. (a) For
the purposes of this section the following definitions shall apply:
(1) "Restricted fireworks" means only those items
classified under 49 C.F.R. Sec. 173.100(r)(2) (10-1-86 edition), as
"skyrockets with sticks" and "missiles with fins".
(2) "Drought conditions" means the existence on the
specific days listed in subsection(d) immediately preceding or on
specific days during the fireworks season of a Keetch-Byram Drought
Index (KBDI) of 575 or greater. The Texas Forest Service and
counties may not use any forecasted indexes for the purpose of
determining drought conditions under this Subchapter.
SECTION 2. Amend Section 352.051(b)(1), and (c) Local
Government Code as follows:
(b)(1) The Texas Forest Service in the ordinary course of
its activities shall determine whether drought conditions, as
defined under Subsection (a)(2), exist on average for that specific
day in any county that has requestinged such a determination. The
Texas Forest Service shall make available the measurement index
guidelines used to determine whether drought conditions exist in a
particular area. Following any determination that such drought
conditions exist, the Texas Forest Service shall immediately notify
said county or counties and the State Fire Marshall when such
drought conditions no longer exist. Upon notification by the Texas
Forest Service and the State Fire Marshall shall instruct the
county or counties to discontinue the ban and notify all news
outlets in the county and the associations representing the
fireworks industry who have given him their contact information
that the ban has been lifted. The Texas Forest Service and State
Fire Marshall shall make its their services available each day
during the Fourth of July and December fireworks seasons to respond
to the request of any county or fireworks vendor for a determination
whether drought conditions exist on average in the county.
(2) The Texas Forest Service shall be allowed to take
such donations of equipment or funds as necessary to aid in the
carrying out of this section.
(c) Upon a determination under this section that drought
conditions exist on average in a specified county on that specific
day, the commissioner's court of the county by order may prohibit or
restrict only the sale or use of restricted fireworks as defined in
this Subchapter in the unincorporated area of the county. In
addition, during the December fireworks season, the commissioners
court of a county by order may restrict or prohibit the sale or use
of restricted fireworks in specified areas when conditions on rural
acreage in the county not under cultivation for a period of at least
12 months are determined to be extremely hazardous for the danger of
fire because of high grass or dry vegetation.
(d) To facilitate compliance with an order adopted under
Subsection (c), the order must be adopted before:
(1) April 25 of each year for the Cinco de Mayo
fireworks season;
(2) June 15 of each year for the Fourth of July
fireworks season; and
(3) December 15 of each year for each December
fireworks season.
(e) An order issued under this section shall expire upon
determination as provided under Subsection (b) that such drought
conditions no longer exist.
(f) When a county issues an order restricting or prohibiting
the sale or use of restricted fireworks under this section, the
county may designate one or more areas of appropriate size and
accessibility in the county as safe areas where the use of
restricted fireworks is not prohibited, and the legislature
encourages a county to designate such an area for that purpose. The
safe area may be provided by the county, a municipality within the
county, or an individual, business, or corporation. A safe area may
be designated in and provided in the geographic area of the
regulatory jurisdiction of a municipality if the activity conducted
in the safe area is authorized by general law or a municipal
regulation or ordinance. An area is considered safe if adequate
public safety and fire protection services are provided to the
area.
(g) A person selling any type of fireworks, including
restricted fireworks, in a county that has adopted an order under
Subsection (c) shall, at every location at which the person sells
fireworks in the county, provide reasonable notice of the order and
reasonable notice of any location designated under Subsection (f)
as a safe area.
(h) An affected party is entitled to injunctive relief to
prevent the violation or threatened violation of a requirement or
prohibition established by an order adopted under this section.
(i) A person commits an offense if the person knowingly or
intentionally violates a prohibition established by an order issued
under this section. An offense under this subsection is a Class C
misdemeanor.
(j) A civil action against a county based on the county's
actions under this section must be brought in the appropriate court
in that county.
SECTION 3. This Act takes effect immediately if it receives
a vote of two-thirds of all the 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 September 1, 2011.