TX
Texas House Bill HB3639

Texas 2017 - 85th Regular

Texas House Bill HB3639 Compare Versions

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1-85R19071 PAM-D
1+85R2337 PAM-D
22 By: Gervin-Hawkins H.B. No. 3639
3- Substitute the following for H.B. No. 3639:
4- By: Neave C.S.H.B. No. 3639
53
64
75 A BILL TO BE ENTITLED
86 AN ACT
9- relating to county authority to regulate fireworks; creating an
10- offense.
7+ relating to county authority to regulate fireworks.
118 BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
12- SECTION 1. Section 352.051, Local Government Code, is
13- amended by adding Subsection (a-1) to read as follows:
14- (a-1) This section does not apply to a county subject to
15- Section 352.052.
16- SECTION 2. Subchapter C, Chapter 352, Local Government
17- Code, is amended by adding Section 352.052 to read as follows:
18- Sec. 352.052. REGULATION OF FIREWORKS IN CERTAIN POPULOUS
19- COUNTIES. (a) The commissioners court of a county with a
20- population of more than 1.5 million in which more than 75 percent of
21- the population lives in a single municipality by order may prohibit
22- or restrict the sale or use of fireworks in the unincorporated area
23- of the county.
24- (b) To facilitate compliance with an order adopted under
25- Subsection (a), the order must be adopted before:
26- (1) February 15 of each year for the Texas
27- Independence Day fireworks season;
28- (2) April 1 of each year for the San Jacinto Day
29- fireworks season;
30- (3) April 25 of each year for the Cinco de Mayo
31- fireworks season;
32- (4) May 15 of each year for the Memorial Day fireworks
33- season;
34- (5) June 15 of each year for the Fourth of July
35- fireworks season; and
36- (6) December 15 of each year for each December
37- fireworks season.
38- (c) When a county issues an order restricting or prohibiting
39- the sale or use of fireworks under this section, the county may
40- designate one or more areas of appropriate size and accessibility
41- in the county as safe areas where the use of fireworks is not
42- prohibited, and the legislature encourages the county to designate
43- such an area for that purpose. The safe area may be provided by the
44- county, a municipality within the county, or an individual,
45- business, or corporation. A safe area may be designated in and
46- provided in the geographic area of the regulatory jurisdiction of a
47- municipality if the activity conducted in the safe area is
48- authorized by general law or a municipal regulation or ordinance.
49- An area is considered safe if adequate public safety and fire
50- protection services are provided to the area. The county or a
51- municipality, individual, business, or corporation is not liable
52- for injuries or damages resulting from the designation,
53- maintenance, or use of the safe area.
54- (d) A person selling fireworks in a county that has adopted
55- an order prohibiting or restricting the use of fireworks under
56- Subsection (a) shall, at every location at which the person sells
57- fireworks in the county, provide reasonable notice of the order and
58- reasonable notice of any location designated under Subsection (c)
59- as a safe area.
60- (e) An affected party is entitled to injunctive relief to
61- prevent the violation or threatened violation of a requirement or
62- prohibition established by an order adopted under this section.
63- (f) A person commits an offense if the person knowingly or
64- intentionally violates a prohibition established by an order issued
65- under this section. An offense under this subsection is a Class C
66- misdemeanor.
67- SECTION 3. This Act takes effect immediately if it receives
9+ SECTION 1. The heading to Section 352.051, Local Government
10+ Code, is amended to read as follows:
11+ Sec. 352.051. REGULATION OF [RESTRICTED] FIREWORKS.
12+ SECTION 2. Sections 352.051(c), (f), and (g), Local
13+ Government Code, are amended to read as follows:
14+ (c) The [Upon a determination under this section that
15+ drought conditions exist on average in a specified county, the]
16+ commissioners court of a [the] county by order may prohibit or
17+ restrict the sale or use of [restricted] fireworks in the
18+ unincorporated area of the county. [In addition, during the
19+ December fireworks season, the commissioners court of a county by
20+ order may restrict or prohibit the sale or use of restricted
21+ fireworks in specified areas when conditions on rural acreage in
22+ the county not under cultivation for a period of at least 12 months
23+ are determined to be extremely hazardous for the danger of fire
24+ because of high grass or dry vegetation.]
25+ (f) When a county issues an order restricting or prohibiting
26+ the sale or use of [restricted] fireworks under this section, the
27+ county may designate one or more areas of appropriate size and
28+ accessibility in the county as safe areas where the use of
29+ [restricted] fireworks is not prohibited, and the legislature
30+ encourages a county to designate such an area for that
31+ purpose. The safe area may be provided by the county, a
32+ municipality within the county, or an individual, business, or
33+ corporation. A safe area may be designated in and provided in the
34+ geographic area of the regulatory jurisdiction of a municipality if
35+ the activity conducted in the safe area is authorized by general law
36+ or a municipal regulation or ordinance. An area is considered safe
37+ if adequate public safety and fire protection services are provided
38+ to the area. A county, municipality, individual, business, or
39+ corporation is not liable for injuries or damages resulting from
40+ the designation, maintenance, or use of the safe area.
41+ (g) A person selling [any type of] fireworks[, including
42+ restricted fireworks,] in a county that has adopted an order
43+ prohibiting or restricting the use of fireworks under Subsection
44+ (c) shall, at every location at which the person sells fireworks in
45+ the county, provide reasonable notice of the order and reasonable
46+ notice of any location designated under Subsection (f) as a safe
47+ area.
48+ SECTION 3. Sections 352.051(a), (b), (e), and (j), Local
49+ Government Code, are repealed.
50+ SECTION 4. This Act takes effect immediately if it receives
6851 a vote of two-thirds of all the members elected to each house, as
6952 provided by Section 39, Article III, Texas Constitution. If this
7053 Act does not receive the vote necessary for immediate effect, this
7154 Act takes effect September 1, 2017.