Texas 2015 - 84th Regular

Texas House Bill HB1150 Compare Versions

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1-By: White of Tyler, et al. H.B. No. 1150
2- (Senate Sponsor - Nichols)
3- (In the Senate - Received from the House May 14, 2015;
4- May 15, 2015, read first time and referred to Committee on
5- Intergovernmental Relations; May 22, 2015, reported favorably by
6- the following vote: Yeas 5, Nays 0; May 22, 2015, sent to printer.)
7-Click here to see the committee vote
1+H.B. No. 1150
82
93
10- A BILL TO BE ENTITLED
114 AN ACT
125 relating to the sale of fireworks on and before certain holidays;
136 affecting a provision subject to a criminal penalty.
147 BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
158 SECTION 1. Section 2154.202, Occupations Code, is amended
169 by amending Subsection (g) and adding Subsection (h) to read as
1710 follows:
1811 (g) Except as provided by Subsection (h), a [A] retail
1912 fireworks permit holder may sell fireworks only to the public, and
2013 only during periods:
2114 (1) beginning June 24 and ending at midnight on July 4;
2215 (2) beginning December 20 and ending at midnight on
2316 January 1 of the following year; and
2417 (3) beginning May 1 and ending at midnight on May 5 if
2518 the fireworks are sold at a location that is not more than 100 miles
2619 from the Texas-Mexico border and that is in a county in which the
2720 commissioners court of the county has approved the sale of
2821 fireworks during the period.
2922 (h) In addition to the periods during which the sale of
3023 fireworks is authorized under Subsection (g), the commissioners
3124 court of a county by order may allow a retail fireworks permit
3225 holder to sell fireworks in that county only to the public and only
3326 during one or more of the following periods:
3427 (1) beginning February 25 and ending at midnight on
3528 March 2;
3629 (2) beginning April 16 and ending at midnight on April
3730 21; and
3831 (3) beginning the Wednesday before the last Monday in
3932 May and ending at midnight on the last Monday in May.
4033 SECTION 2. Section 352.051(b)(1), Local Government Code, is
4134 amended to read as follows:
4235 (1) The Texas Forest Service in the ordinary course of
4336 its activities shall determine whether drought conditions, as
4437 defined under Subsection (a)(2), exist on average in any county
4538 requesting such a determination. The Texas Forest Service shall
4639 make available the measurement index guidelines used to determine
4740 whether drought conditions exist in a particular area. Following
4841 any determination that such drought conditions exist, the Texas
4942 Forest Service shall notify said county or counties when such
5043 drought conditions no longer exist. The Texas Forest Service shall
5144 make its services available each day during the Texas Independence
5245 Day, San Jacinto Day, Memorial Day, Fourth of July, and December
5346 fireworks seasons to respond to the request of any county for a
5447 determination whether drought conditions exist on average in the
5548 county.
5649 SECTION 3. Section 352.051(d), Local Government Code, is
5750 amended to read as follows:
5851 (d) To facilitate compliance with an order adopted under
5952 Subsection (c), the order must be adopted before:
6053 (1) February 15 of each year for the Texas
6154 Independence Day fireworks season;
6255 (2) April 1 of each year for the San Jacinto Day
6356 fireworks season;
6457 (3) April 25 of each year for the Cinco de Mayo
6558 fireworks season;
6659 (4) May 15 of each year for the Memorial Day fireworks
6760 season;
6861 (5) [(2)] June 15 of each year for the Fourth of July
6962 fireworks season; and
7063 (6) [(3)] December 15 of each year for each December
7164 fireworks season.
7265 SECTION 4. This Act takes effect September 1, 2015.
73- * * * * *
66+ ______________________________ ______________________________
67+ President of the Senate Speaker of the House
68+ I certify that H.B. No. 1150 was passed by the House on May
69+ 13, 2015, by the following vote: Yeas 139, Nays 5, 1 present, not
70+ voting.
71+ ______________________________
72+ Chief Clerk of the House
73+ I certify that H.B. No. 1150 was passed by the Senate on May
74+ 27, 2015, by the following vote: Yeas 31, Nays 0.
75+ ______________________________
76+ Secretary of the Senate
77+ APPROVED: _____________________
78+ Date
79+ _____________________
80+ Governor