By: Hamilton H.B. No. 3632
A BILL TO BE ENTITLED
AN ACT
relating to the effect on local regulation of the use and sale of
fireworks.
BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
SECTION 1. Section 2154.004, Occupations Code, is amended
by amending Subsection (b) and adding Subsection (c) to read as
follows:
(b) This chapter [does not limit or restrict the authority
of a county, where specifically authorized by law, or municipality
to enact an ordinance or order prohibiting or further regulating
fireworks] governs the regulation of fireworks in this state,
except that:
(1) a municipality may regulate the sale and use of
fireworks:
(A) within its corporate boundaries; and
(B) in the existing area outside those boundaries
specified by Section 217.042(a), Local Government Code, if the
municipality prohibited or regulated fireworks in those areas
existing prior to September 1, 2011.
(2) after September 1, 2011, a municipality may not,
after annexing an area, adopt a regulation to prohibit a person
from:
(A) continuing to use the land for the lawful
sale and possession of 1.4G fireworks in the area in the manner in
which the land was being used on the date the annexation proceedings
were instituted if the land use was legal at that time; or
(B) beginning to use land in the area in the
manner that was planned for the land before the 90th day before the
effective date of the annexation if one or more licenses,
certificates, permits, approvals, or other forms of authorization
by a governmental entity were required by law for the planned land
use and a completed application for the initial authorization was
filed with the governmental entity before the date the annexation
proceedings were instituted.
(2) the commissioner's court of a county may regulate
restricted fireworks under the provisions of Section 352.051(c),
Local Government Code.
SECTION 2. 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.