87R8394 SCL-D
By: Cortez H.B. No. 3967
A BILL TO BE ENTITLED
AN ACT
relating to municipal and county authority to prohibit or restrict
the sale of fireworks.
BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
SECTION 1. Subchapter Z, Chapter 342, Local Government
Code, is amended by adding Section 342.902 to read as follows:
Sec. 342.902. AUTHORITY TO PROHIBIT OR RESTRICT SALE OF
FIREWORKS. A municipality may not prohibit or restrict the sale of
fireworks.
SECTION 2. Sections 352.051(c) and (f), Local Government
Code, are amended to read as follows:
(c) Upon a determination under this section that drought
conditions exist on average in a specified county, the
commissioners court of 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.
SECTION 3. This Act takes effect September 1, 2021.