| 1 | 1 | | By: Leo-Wilson H.B. No. 439 |
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| 2 | 2 | | |
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| 3 | 3 | | |
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| 4 | 4 | | A BILL TO BE ENTITLED |
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| 5 | 5 | | AN ACT |
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| 6 | 6 | | relating to the sale of fireworks on and before the Labor Day |
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| 7 | 7 | | holiday in certain counties. |
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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. Section 2154.202(g), Occupations Code, is |
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| 10 | 10 | | amended to read as follows: |
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| 11 | 11 | | (g) Except as provided by Subsection (h), a retail fireworks |
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| 12 | 12 | | permit holder may sell fireworks only to the public, and only during |
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| 13 | 13 | | periods: |
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| 14 | 14 | | (1) beginning June 24 and ending at midnight on July 4; |
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| 15 | 15 | | (2) beginning five days before the first Monday in |
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| 16 | 16 | | September and ending at midnight on the first Monday in September in |
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| 17 | 17 | | a county in which the commissioners court of the county has |
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| 18 | 18 | | approved the sale of fireworks during the period; |
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| 19 | 19 | | (3) beginning December 20 and ending at midnight on |
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| 20 | 20 | | January 1 of the following year; and |
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| 21 | 21 | | (4) [(3)] beginning May 1 and ending at midnight on |
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| 22 | 22 | | May 5 if the fireworks are sold at a location that is not more than |
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| 23 | 23 | | 100 miles from the Texas-Mexico border and that is in a county in |
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| 24 | 24 | | which the commissioners court of the county has approved the sale of |
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| 25 | 25 | | fireworks during the period. |
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| 26 | 26 | | SECTION 2. Sections 352.051(b) and (d), Local Government |
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| 27 | 27 | | Code, are amended to read as follows: |
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| 28 | 28 | | (b)(1) The Texas A&M Forest Service in the ordinary course |
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| 29 | 29 | | of its activities shall determine whether drought conditions, as |
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| 30 | 30 | | defined under Subsection (a)(2), exist on average in any county |
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| 31 | 31 | | requesting such a determination. The Texas A&M Forest Service shall |
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| 32 | 32 | | make available the measurement index guidelines used to determine |
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| 33 | 33 | | whether drought conditions exist in a particular area. Following |
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| 34 | 34 | | any determination that such drought conditions exist, the Texas A&M |
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| 35 | 35 | | Forest Service shall notify said county or counties when such |
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| 36 | 36 | | drought conditions no longer exist. The Texas A&M Forest Service |
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| 37 | 37 | | shall make its services available each day during the Texas |
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| 38 | 38 | | Independence Day, San Jacinto Day, Memorial Day, Fourth of July, |
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| 39 | 39 | | Labor Day, and December fireworks seasons to respond to the request |
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| 40 | 40 | | of any county for a determination whether drought conditions exist |
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| 41 | 41 | | on average in the county. |
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| 42 | 42 | | (2) The Texas A&M Forest Service shall be allowed to |
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| 43 | 43 | | take such donations of equipment or funds as necessary to aid in the |
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| 44 | 44 | | carrying out of this section. |
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| 45 | 45 | | (d) To facilitate compliance with an order adopted under |
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| 46 | 46 | | Subsection (c), the order must be adopted before: |
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| 47 | 47 | | (1) February 15 of each year for the Texas |
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| 48 | 48 | | Independence Day fireworks season; |
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| 49 | 49 | | (2) April 1 of each year for the San Jacinto Day |
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| 50 | 50 | | fireworks season; |
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| 51 | 51 | | (3) April 25 of each year for the Cinco de Mayo |
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| 52 | 52 | | fireworks season; |
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| 53 | 53 | | (4) May 15 of each year for the Memorial Day fireworks |
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| 54 | 54 | | season; |
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| 55 | 55 | | (5) June 15 of each year for the Fourth of July |
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| 56 | 56 | | fireworks season; [and] |
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| 57 | 57 | | (6) August 15 of each year for the Labor Day fireworks |
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| 58 | 58 | | season; and |
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| 59 | 59 | | (7) December 15 of each year for each December |
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| 60 | 60 | | fireworks season. |
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| 61 | 61 | | SECTION 3. This Act takes effect immediately if it receives |
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| 62 | 62 | | a vote of two-thirds of all the members elected to each house, as |
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| 63 | 63 | | provided by Section 39, Article III, Texas Constitution. If this |
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| 64 | 64 | | Act does not receive the vote necessary for immediate effect, this |
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| 65 | 65 | | Act takes effect September 1, 2023. |
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