85R19071 PAM-D
By: Gervin-Hawkins H.B. No. 3639
Substitute the following for H.B. No. 3639:
By: Neave C.S.H.B. No. 3639
A BILL TO BE ENTITLED
AN ACT
relating to county authority to regulate fireworks; creating an
offense.
BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
SECTION 1. Section 352.051, Local Government Code, is
amended by adding Subsection (a-1) to read as follows:
(a-1) This section does not apply to a county subject to
Section 352.052.
SECTION 2. Subchapter C, Chapter 352, Local Government
Code, is amended by adding Section 352.052 to read as follows:
Sec. 352.052. REGULATION OF FIREWORKS IN CERTAIN POPULOUS
COUNTIES. (a) The commissioners court of a county with a
population of more than 1.5 million in which more than 75 percent of
the population lives in a single municipality by order may prohibit
or restrict the sale or use of fireworks in the unincorporated area
of the county.
(b) To facilitate compliance with an order adopted under
Subsection (a), 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) December 15 of each year for each December
fireworks season.
(c) When a county issues an order restricting or prohibiting
the sale or use of fireworks under this section, the county may
designate one or more areas of appropriate size and accessibility
in the county as safe areas where the use of fireworks is not
prohibited, and the legislature encourages the county to designate
such an area for that purpose. The safe area may be provided by the
county, a municipality within the county, or an individual,
business, or corporation. A safe area may be designated in and
provided in the geographic area of the regulatory jurisdiction of a
municipality if the activity conducted in the safe area is
authorized by general law or a municipal regulation or ordinance.
An area is considered safe if adequate public safety and fire
protection services are provided to the area. The county or a
municipality, individual, business, or corporation is not liable
for injuries or damages resulting from the designation,
maintenance, or use of the safe area.
(d) A person selling fireworks in a county that has adopted
an order prohibiting or restricting the use of fireworks under
Subsection (a) shall, at every location at which the person sells
fireworks in the county, provide reasonable notice of the order and
reasonable notice of any location designated under Subsection (c)
as a safe area.
(e) An affected party is entitled to injunctive relief to
prevent the violation or threatened violation of a requirement or
prohibition established by an order adopted under this section.
(f) A person commits an offense if the person knowingly or
intentionally violates a prohibition established by an order issued
under this section. An offense under this subsection is a Class C
misdemeanor.
SECTION 3. This Act takes effect immediately if it receives
a vote of two-thirds of all the members elected to each house, as
provided by Section 39, Article III, Texas Constitution. If this
Act does not receive the vote necessary for immediate effect, this
Act takes effect September 1, 2017.