11 | 4 | | AN ACT |
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12 | 5 | | relating to the sale of fireworks on and before certain holidays; |
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13 | 6 | | affecting a provision subject to a criminal penalty. |
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14 | 7 | | BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS: |
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15 | 8 | | SECTION 1. Section 2154.202, Occupations Code, is amended |
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16 | 9 | | by amending Subsection (g) and adding Subsection (h) to read as |
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17 | 10 | | follows: |
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18 | 11 | | (g) Except as provided by Subsection (h), a [A] retail |
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19 | 12 | | fireworks permit holder may sell fireworks only to the public, and |
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20 | 13 | | only during periods: |
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21 | 14 | | (1) beginning June 24 and ending at midnight on July 4; |
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22 | 15 | | (2) beginning December 20 and ending at midnight on |
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23 | 16 | | January 1 of the following year; and |
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24 | 17 | | (3) beginning May 1 and ending at midnight on May 5 if |
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25 | 18 | | the fireworks are sold at a location that is not more than 100 miles |
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26 | 19 | | from the Texas-Mexico border and that is in a county in which the |
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27 | 20 | | commissioners court of the county has approved the sale of |
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28 | 21 | | fireworks during the period. |
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29 | 22 | | (h) In addition to the periods during which the sale of |
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30 | 23 | | fireworks is authorized under Subsection (g), the commissioners |
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31 | 24 | | court of a county by order may allow a retail fireworks permit |
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32 | 25 | | holder to sell fireworks in that county only to the public and only |
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33 | 26 | | during one or more of the following periods: |
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34 | 27 | | (1) beginning February 25 and ending at midnight on |
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35 | 28 | | March 2; |
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36 | 29 | | (2) beginning April 16 and ending at midnight on April |
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37 | 30 | | 21; and |
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38 | 31 | | (3) beginning the Wednesday before the last Monday in |
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39 | 32 | | May and ending at midnight on the last Monday in May. |
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40 | 33 | | SECTION 2. Section 352.051(b)(1), Local Government Code, is |
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41 | 34 | | amended to read as follows: |
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42 | 35 | | (1) The Texas Forest Service in the ordinary course of |
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43 | 36 | | its activities shall determine whether drought conditions, as |
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44 | 37 | | defined under Subsection (a)(2), exist on average in any county |
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45 | 38 | | requesting such a determination. The Texas Forest Service shall |
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46 | 39 | | make available the measurement index guidelines used to determine |
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47 | 40 | | whether drought conditions exist in a particular area. Following |
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48 | 41 | | any determination that such drought conditions exist, the Texas |
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49 | 42 | | Forest Service shall notify said county or counties when such |
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50 | 43 | | drought conditions no longer exist. The Texas Forest Service shall |
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51 | 44 | | make its services available each day during the Texas Independence |
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52 | 45 | | Day, San Jacinto Day, Memorial Day, Fourth of July, and December |
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53 | 46 | | fireworks seasons to respond to the request of any county for a |
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54 | 47 | | determination whether drought conditions exist on average in the |
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55 | 48 | | county. |
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56 | 49 | | SECTION 3. Section 352.051(d), Local Government Code, is |
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57 | 50 | | amended to read as follows: |
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58 | 51 | | (d) To facilitate compliance with an order adopted under |
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59 | 52 | | Subsection (c), the order must be adopted before: |
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60 | 53 | | (1) February 15 of each year for the Texas |
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61 | 54 | | Independence Day fireworks season; |
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62 | 55 | | (2) April 1 of each year for the San Jacinto Day |
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63 | 56 | | fireworks season; |
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64 | 57 | | (3) April 25 of each year for the Cinco de Mayo |
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65 | 58 | | fireworks season; |
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66 | 59 | | (4) May 15 of each year for the Memorial Day fireworks |
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67 | 60 | | season; |
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68 | 61 | | (5) [(2)] June 15 of each year for the Fourth of July |
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69 | 62 | | fireworks season; and |
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70 | 63 | | (6) [(3)] December 15 of each year for each December |
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71 | 64 | | fireworks season. |
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72 | 65 | | SECTION 4. This Act takes effect September 1, 2015. |
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73 | | - | * * * * * |
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| 66 | + | ______________________________ ______________________________ |
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| 67 | + | President of the Senate Speaker of the House |
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| 68 | + | I certify that H.B. No. 1150 was passed by the House on May |
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| 69 | + | 13, 2015, by the following vote: Yeas 139, Nays 5, 1 present, not |
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| 70 | + | voting. |
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| 71 | + | ______________________________ |
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| 72 | + | Chief Clerk of the House |
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| 73 | + | I certify that H.B. No. 1150 was passed by the Senate on May |
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| 74 | + | 27, 2015, by the following vote: Yeas 31, Nays 0. |
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| 75 | + | ______________________________ |
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| 76 | + | Secretary of the Senate |
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| 77 | + | APPROVED: _____________________ |
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| 78 | + | Date |
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| 79 | + | _____________________ |
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| 80 | + | Governor |
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