85R3437 DMS-D
By: Rinaldi H.B. No. 1417
A BILL TO BE ENTITLED
AN ACT
relating to the sale of fireworks during and before the Diwali
holiday.
BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
SECTION 1. Section 2154.202(g), Occupations Code, is
amended to read as follows:
(g) Except as provided by Subsection (h), a retail fireworks
permit holder may sell fireworks only to the public, and only during
periods:
(1) beginning June 24 and ending at midnight on July 4;
(2) beginning December 20 and ending at midnight on
January 1 of the following year; [and]
(3) beginning May 1 and ending at midnight on May 5 if
the fireworks are sold at a location that is not more than 100 miles
from the Texas-Mexico border and that is in a county in which the
commissioners court of the county has approved the sale of
fireworks during the period; and
(4) beginning five days before the first day of Diwali
and ending at midnight on the last day of Diwali.
SECTION 2. Section 352.051(b)(1), Local Government Code, is
amended to read as follows:
(1) The Texas A&M Forest Service in the ordinary
course of its activities shall determine whether drought
conditions, as defined under Subsection (a)(2), exist on average in
any county requesting such a determination. The Texas A&M 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 A&M Forest Service shall notify said county or counties when
such drought conditions no longer exist. The Texas A&M Forest
Service shall make its services available each day during the Texas
Independence Day, San Jacinto Day, Memorial Day, Fourth of July,
Diwali, and December fireworks seasons to respond to the request of
any county for a determination whether drought conditions exist on
average in the county.
SECTION 3. Section 352.051(d), Local Government Code, is
amended to read as follows:
(d) To facilitate compliance with an order adopted under
Subsection (c), the order must be adopted before:
(1) February 15 of each year for the Texas
Independence Day fireworks season;
(2) April 1 of each year for the San Jacinto Day
fireworks season;
(3) April 25 of each year for the Cinco de Mayo
fireworks season;
(4) May 15 of each year for the Memorial Day fireworks
season;
(5) June 15 of each year for the Fourth of July
fireworks season; [and]
(6) 15 days before the beginning of Diwali for the
Diwali fireworks season; and
(7) December 15 of each year for each December
fireworks season.
SECTION 4. This Act takes effect September 1, 2017.