| 1 | 1 | | By: Perry S.B. No. 1896 |
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| 2 | 2 | | |
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| 3 | 3 | | |
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| 4 | 4 | | A BILL TO BE ENTITLED |
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| 5 | 5 | | AN ACT |
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| 6 | 6 | | relating to the requirements for and inspection of a retail |
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| 7 | 7 | | fireworks site. |
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| 8 | 8 | | BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS: |
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| 9 | 9 | | SECTION 1. Section 2154.001, Occupations Code, is amended |
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| 10 | 10 | | by adding Subdivisions (9-a), (16-a), and (16-b) to read as |
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| 11 | 11 | | follows: |
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| 12 | 12 | | (9-a) "Indoor retail fireworks site" means a retail |
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| 13 | 13 | | fireworks site, other than a retail stand, that sells fireworks |
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| 14 | 14 | | 1.4G from a building or structure. |
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| 15 | 15 | | (16-a) "Retail fireworks site" means a location that |
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| 16 | 16 | | has a valid retail fireworks permit issued under Section 2154.202. |
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| 17 | 17 | | (16-b) "Retail stand" means a retail fireworks site |
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| 18 | 18 | | that sells fireworks 1.4G over the counter to members of the general |
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| 19 | 19 | | public who always remain outside the structure. |
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| 20 | 20 | | SECTION 2. Subchapter E, Chapter 2154, Occupations Code, is |
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| 21 | 21 | | amended by adding Section 2154.2025 to read as follows: |
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| 22 | 22 | | Sec. 2154.2025. INSPECTION OF RETAIL FIREWORKS SITE; FEES. |
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| 23 | 23 | | (a) For purposes of this section, the local fire prevention |
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| 24 | 24 | | officer with jurisdiction is: |
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| 25 | 25 | | (1) except as provided by Subdivision (2), the county |
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| 26 | 26 | | fire marshal, if the county in which the retail fireworks site is |
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| 27 | 27 | | located has appointed a county fire marshal; or |
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| 28 | 28 | | (2) the fire prevention officer of the emergency |
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| 29 | 29 | | services district in which the retail fireworks site is located, if |
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| 30 | 30 | | the county in which the retail fireworks site is located has not |
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| 31 | 31 | | appointed a county fire marshal or the county fire marshal in that |
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| 32 | 32 | | county requests the emergency services district to conduct the |
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| 33 | 33 | | inspection. |
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| 34 | 34 | | (b) If otherwise authorized under state law, a local fire |
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| 35 | 35 | | prevention officer may inspect a retail fireworks site. |
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| 36 | 36 | | Notwithstanding any other law, if a local fire prevention officer |
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| 37 | 37 | | is authorized under state law to assess a fee for performing an |
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| 38 | 38 | | inspection of a retail fireworks site, the inspection fee: |
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| 39 | 39 | | (1) may be assessed for a particular retail fireworks |
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| 40 | 40 | | site only once during a calendar year; |
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| 41 | 41 | | (2) if assessed, shall be assessed and collected only |
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| 42 | 42 | | by the local fire prevention officer with jurisdiction over the |
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| 43 | 43 | | retail fireworks site; and |
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| 44 | 44 | | (3) may not exceed the fee established by 28 T.A.C. |
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| 45 | 45 | | Section 34.340 for an inspection conducted by the state fire |
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| 46 | 46 | | marshal. |
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| 47 | 47 | | (c) To the extent of a conflict between this section and |
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| 48 | 48 | | other state law, this section prevails. |
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| 49 | 49 | | SECTION 3. Chapter 2154, Occupations Code, is amended by |
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| 50 | 50 | | adding Subchapter E-1 to read as follows: |
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| 51 | 51 | | SUBCHAPTER E-1. INDOOR RETAIL FIREWORKS SITES |
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| 52 | 52 | | Sec. 2154.221. FREE-STANDING STRUCTURE. The fireworks |
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| 53 | 53 | | sales building of an indoor retail fireworks site shall be a |
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| 54 | 54 | | free-standing durable structure with only one story of space |
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| 55 | 55 | | accessible to the public. The fireworks sales building of a site |
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| 56 | 56 | | shall not be a tent, boat, or mobile vehicle. The fireworks sales |
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| 57 | 57 | | area of a site shall not be part of a multi-use or multi-tenant |
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| 58 | 58 | | building. |
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| 59 | 59 | | Sec. 2154.222. SALES DISPLAY AREA. The sales display area |
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| 60 | 60 | | of an indoor retail fireworks site shall be sufficiently designed |
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| 61 | 61 | | to prevent customers from handling fireworks unless an attendant is |
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| 62 | 62 | | directly assisting the customer. |
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| 63 | 63 | | Sec. 2154.223. OFFICE AREA. An office area used for the |
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| 64 | 64 | | operation of an indoor retail fireworks site that is separated by a |
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| 65 | 65 | | one-hour fire-rated wall from the fireworks sales or storage area |
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| 66 | 66 | | may be exempted by commissioner rule from the distance requirements |
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| 67 | 67 | | prescribed by commissioner rule if the office area is reported to |
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| 68 | 68 | | and reviewed by the state fire marshal. |
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| 69 | 69 | | Sec. 2154.224. COMPLIANCE WITH SUBCHAPTER. Compliance with |
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| 70 | 70 | | this subchapter may be addressed in an inspection conducted under |
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| 71 | 71 | | Section 2154.2025. |
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| 72 | 72 | | SECTION 4. This Act takes effect immediately if it receives |
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| 73 | 73 | | a vote of two-thirds of all the members elected to each house, as |
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| 74 | 74 | | provided by Section 39, Article III, Texas Constitution. If this |
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| 75 | 75 | | Act does not receive the vote necessary for immediate effect, this |
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| 76 | 76 | | Act takes effect September 1, 2017. |
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