87R16018 SCL-D
By: Cortez H.B. No. 3967
Substitute the following for H.B. No. 3967:
By: Coleman C.S.H.B. No. 3967
A BILL TO BE ENTITLED
AN ACT
relating to county authority to prohibit or restrict the sale of
fireworks.
BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
SECTION 1. Section 418.108, Government Code, is amended by
amending Subsection (i) and adding Subsection (j) to read as
follows:
(i) Except as provided by Subsection (j), a [A] declaration
under this section may include a restriction that exceeds a
restriction authorized by Section 352.051, Local Government Code.
A restriction that exceeds a restriction authorized by Section
352.051, Local Government Code, is effective only:
(1) for 60 hours unless extended by the governor; and
(2) if the county judge requests the governor to grant
an extension of the restriction.
(j) Subsection (i) does not authorize a county to 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.