| 9 | | - | relating to county authority to prohibit or restrict the sale of |
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| 7 | + | relating to municipal and county authority to prohibit or restrict |
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| 8 | + | the sale of fireworks. |
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| 9 | + | BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS: |
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| 10 | + | SECTION 1. Subchapter Z, Chapter 342, Local Government |
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| 11 | + | Code, is amended by adding Section 342.902 to read as follows: |
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| 12 | + | Sec. 342.902. AUTHORITY TO PROHIBIT OR RESTRICT SALE OF |
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| 13 | + | FIREWORKS. A municipality may not prohibit or restrict the sale of |
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| 11 | | - | BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS: |
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| 12 | | - | SECTION 1. Section 418.108, Government Code, is amended by |
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| 13 | | - | amending Subsection (i) and adding Subsection (j) to read as |
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| 14 | | - | follows: |
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| 15 | | - | (i) Except as provided by Subsection (j), a [A] declaration |
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| 16 | | - | under this section may include a restriction that exceeds a |
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| 17 | | - | restriction authorized by Section 352.051, Local Government Code. |
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| 18 | | - | A restriction that exceeds a restriction authorized by Section |
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| 19 | | - | 352.051, Local Government Code, is effective only: |
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| 20 | | - | (1) for 60 hours unless extended by the governor; and |
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| 21 | | - | (2) if the county judge requests the governor to grant |
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| 22 | | - | an extension of the restriction. |
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| 23 | | - | (j) Subsection (i) does not authorize a county to prohibit |
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| 24 | | - | or restrict the sale of fireworks. |
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| 25 | 15 | | SECTION 2. Sections 352.051(c) and (f), Local Government |
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| 26 | 16 | | Code, are amended to read as follows: |
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| 27 | 17 | | (c) Upon a determination under this section that drought |
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| 28 | 18 | | conditions exist on average in a specified county, the |
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| 29 | 19 | | commissioners court of the county by order may prohibit or restrict |
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| 30 | 20 | | the [sale or] use of restricted fireworks in the unincorporated |
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| 31 | 21 | | area of the county. In addition, during the December fireworks |
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| 32 | 22 | | season, the commissioners court of a county by order may restrict or |
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| 33 | 23 | | prohibit the [sale or] use of restricted fireworks in specified |
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| 34 | 24 | | areas when conditions on rural acreage in the county not under |
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| 35 | 25 | | cultivation for a period of at least 12 months are determined to be |
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| 36 | 26 | | extremely hazardous for the danger of fire because of high grass or |
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| 37 | 27 | | dry vegetation. |
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| 38 | 28 | | (f) When a county issues an order restricting or prohibiting |
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| 39 | 29 | | the [sale or] use of restricted fireworks under this section, the |
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| 40 | 30 | | county may designate one or more areas of appropriate size and |
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| 41 | 31 | | accessibility in the county as safe areas where the use of |
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| 42 | 32 | | restricted fireworks is not prohibited, and the legislature |
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| 43 | 33 | | encourages a county to designate such an area for that purpose. The |
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| 44 | 34 | | safe area may be provided by the county, a municipality within the |
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| 45 | 35 | | county, or an individual, business, or corporation. A safe area may |
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| 46 | 36 | | be designated in and provided in the geographic area of the |
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| 47 | 37 | | regulatory jurisdiction of a municipality if the activity conducted |
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| 48 | 38 | | in the safe area is authorized by general law or a municipal |
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| 49 | 39 | | regulation or ordinance. An area is considered safe if adequate |
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| 50 | 40 | | public safety and fire protection services are provided to the |
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| 51 | 41 | | area. A county, municipality, individual, business, or corporation |
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| 52 | 42 | | is not liable for injuries or damages resulting from the |
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| 53 | 43 | | designation, maintenance, or use of the safe area. |
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| 54 | 44 | | SECTION 3. This Act takes effect September 1, 2021. |
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