| 1 | 1 | | 85R7475 SCL-D |
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| 2 | 2 | | By: Roberts, Gutierrez, et al. H.B. No. 1183 |
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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 prohibition by counties of the use of fireworks |
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| 8 | 8 | | during certain hours; creating a criminal offense. |
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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. Subchapter C, Chapter 352, Local Government |
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| 11 | 11 | | Code, is amended by adding Section 352.052 to read as follows: |
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| 12 | 12 | | Sec. 352.052. PROHIBITION ON FIREWORK USE DURING CERTAIN |
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| 13 | 13 | | HOURS. (a) In this section, "fireworks" means any composition or |
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| 14 | 14 | | device designed for entertainment to produce a visible or audible |
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| 15 | 15 | | effect by combustion, explosion, deflagration, or detonation. |
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| 16 | 16 | | (b) The commissioners court of a county by order may |
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| 17 | 17 | | prohibit the use of fireworks in the unincorporated area of the |
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| 18 | 18 | | county during the hours specified by the order. The order may |
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| 19 | 19 | | include: |
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| 20 | 20 | | (1) an exemption for holidays, including New Year's |
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| 21 | 21 | | Eve and July 4; and |
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| 22 | 22 | | (2) a process by which a person may apply to the county |
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| 23 | 23 | | for a permit to use fireworks during a time prohibited by the order. |
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| 24 | 24 | | (c) A person commits an offense if the person intentionally |
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| 25 | 25 | | or knowingly violates a prohibition adopted under this section by |
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| 26 | 26 | | the commissioners court. An offense under this subsection is a |
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| 27 | 27 | | Class C misdemeanor. |
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| 28 | 28 | | SECTION 2. This Act takes effect immediately if it receives |
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| 29 | 29 | | a vote of two-thirds of all the members elected to each house, as |
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| 30 | 30 | | provided by Section 39, Article III, Texas Constitution. If this |
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| 31 | 31 | | Act does not receive the vote necessary for immediate effect, this |
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| 32 | 32 | | Act takes effect September 1, 2017. |
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