85R2337 PAM-D
By: Menéndez S.B. No. 760
A BILL TO BE ENTITLED
AN ACT
relating to county authority to regulate fireworks.
BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
SECTION 1. The heading to Section 352.051, Local Government
Code, is amended to read as follows:
Sec. 352.051. REGULATION OF [RESTRICTED] FIREWORKS.
SECTION 2. Sections 352.051(c), (f), and (g), Local
Government Code, are amended to read as follows:
(c) The [Upon a determination under this section that
drought conditions exist on average in a specified county, the]
commissioners court of a [the] county by order may prohibit or
restrict the sale or use of [restricted] fireworks in the
unincorporated area of the county. [In addition, during the
December fireworks season, the commissioners court of a county by
order may restrict or prohibit the sale or use of restricted
fireworks in specified areas when conditions on rural acreage in
the county not under cultivation for a period of at least 12 months
are determined to be extremely hazardous for the danger of fire
because of high grass or dry vegetation.]
(f) When a county issues an order restricting or prohibiting
the sale or use of [restricted] 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
[restricted] fireworks is not prohibited, and the legislature
encourages a 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. A county, municipality, individual, business, or
corporation is not liable for injuries or damages resulting from
the designation, maintenance, or use of the safe area.
(g) A person selling [any type of] fireworks[, including
restricted fireworks,] in a county that has adopted an order
prohibiting or restricting the use of fireworks under Subsection
(c) 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 (f) as a safe
area.
SECTION 3. Sections 352.051(a), (b), (e), and (j), Local
Government Code, are repealed.
SECTION 4. 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.