| 1 | 1 | | 85R2337 PAM-D |
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| 2 | 2 | | By: Menéndez S.B. No. 760 |
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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 county authority to regulate fireworks. |
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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. The heading to Section 352.051, Local Government |
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| 10 | 10 | | Code, is amended to read as follows: |
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| 11 | 11 | | Sec. 352.051. REGULATION OF [RESTRICTED] FIREWORKS. |
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| 12 | 12 | | SECTION 2. Sections 352.051(c), (f), and (g), Local |
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| 13 | 13 | | Government Code, are amended to read as follows: |
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| 14 | 14 | | (c) The [Upon a determination under this section that |
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| 15 | 15 | | drought conditions exist on average in a specified county, the] |
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| 16 | 16 | | commissioners court of a [the] county by order may prohibit or |
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| 17 | 17 | | restrict the sale or use of [restricted] fireworks in the |
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| 18 | 18 | | unincorporated area of the county. [In addition, during the |
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| 19 | 19 | | December fireworks season, the commissioners court of a county by |
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| 20 | 20 | | order may restrict or prohibit the sale or use of restricted |
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| 21 | 21 | | fireworks in specified areas when conditions on rural acreage in |
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| 22 | 22 | | the county not under cultivation for a period of at least 12 months |
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| 23 | 23 | | are determined to be extremely hazardous for the danger of fire |
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| 24 | 24 | | because of high grass or dry vegetation.] |
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| 25 | 25 | | (f) When a county issues an order restricting or prohibiting |
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| 26 | 26 | | the sale or use of [restricted] fireworks under this section, the |
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| 27 | 27 | | county may designate one or more areas of appropriate size and |
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| 28 | 28 | | accessibility in the county as safe areas where the use of |
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| 29 | 29 | | [restricted] fireworks is not prohibited, and the legislature |
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| 30 | 30 | | encourages a county to designate such an area for that |
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| 31 | 31 | | purpose. The safe area may be provided by the county, a |
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| 32 | 32 | | municipality within the county, or an individual, business, or |
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| 33 | 33 | | corporation. A safe area may be designated in and provided in the |
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| 34 | 34 | | geographic area of the regulatory jurisdiction of a municipality if |
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| 35 | 35 | | the activity conducted in the safe area is authorized by general law |
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| 36 | 36 | | or a municipal regulation or ordinance. An area is considered safe |
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| 37 | 37 | | if adequate public safety and fire protection services are provided |
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| 38 | 38 | | to the area. A county, municipality, individual, business, or |
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| 39 | 39 | | corporation is not liable for injuries or damages resulting from |
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| 40 | 40 | | the designation, maintenance, or use of the safe area. |
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| 41 | 41 | | (g) A person selling [any type of] fireworks[, including |
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| 42 | 42 | | restricted fireworks,] in a county that has adopted an order |
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| 43 | 43 | | prohibiting or restricting the use of fireworks under Subsection |
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| 44 | 44 | | (c) shall, at every location at which the person sells fireworks in |
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| 45 | 45 | | the county, provide reasonable notice of the order and reasonable |
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| 46 | 46 | | notice of any location designated under Subsection (f) as a safe |
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| 47 | 47 | | area. |
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| 48 | 48 | | SECTION 3. Sections 352.051(a), (b), (e), and (j), Local |
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| 49 | 49 | | Government Code, are repealed. |
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| 50 | 50 | | SECTION 4. This Act takes effect immediately if it receives |
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| 51 | 51 | | a vote of two-thirds of all the members elected to each house, as |
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| 52 | 52 | | provided by Section 39, Article III, Texas Constitution. If this |
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| 53 | 53 | | Act does not receive the vote necessary for immediate effect, this |
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| 54 | 54 | | Act takes effect September 1, 2017. |
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