By: Leo-Wilson H.B. No. 439
A BILL TO BE ENTITLED
AN ACT
relating to the sale of fireworks on and before the Labor Day
holiday in certain counties.
BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
SECTION 1. Section 2154.202(g), Occupations Code, is
amended to read as follows:
(g) Except as provided by Subsection (h), a retail fireworks
permit holder may sell fireworks only to the public, and only during
periods:
(1) beginning June 24 and ending at midnight on July 4;
(2) beginning five days before the first Monday in
September and ending at midnight on the first Monday in September in
a county in which the commissioners court of the county has
approved the sale of fireworks during the period;
(3) beginning December 20 and ending at midnight on
January 1 of the following year; and
(4) [(3)] beginning May 1 and ending at midnight on
May 5 if the fireworks are sold at a location that is not more than
100 miles from the Texas-Mexico border and that is in a county in
which the commissioners court of the county has approved the sale of
fireworks during the period.
SECTION 2. Sections 352.051(b) and (d), Local Government
Code, are amended to read as follows:
(b)(1) The Texas A&M Forest Service in the ordinary course
of its activities shall determine whether drought conditions, as
defined under Subsection (a)(2), exist on average in any county
requesting such a determination. The Texas A&M Forest Service shall
make available the measurement index guidelines used to determine
whether drought conditions exist in a particular area. Following
any determination that such drought conditions exist, the Texas A&M
Forest Service shall notify said county or counties when such
drought conditions no longer exist. The Texas A&M Forest Service
shall make its services available each day during the Texas
Independence Day, San Jacinto Day, Memorial Day, Fourth of July,
Labor Day, and December fireworks seasons to respond to the request
of any county for a determination whether drought conditions exist
on average in the county.
(2) The Texas A&M Forest Service shall be allowed to
take such donations of equipment or funds as necessary to aid in the
carrying out of this section.
(d) To facilitate compliance with an order adopted under
Subsection (c), the order must be adopted before:
(1) February 15 of each year for the Texas
Independence Day fireworks season;
(2) April 1 of each year for the San Jacinto Day
fireworks season;
(3) April 25 of each year for the Cinco de Mayo
fireworks season;
(4) May 15 of each year for the Memorial Day fireworks
season;
(5) June 15 of each year for the Fourth of July
fireworks season; [and]
(6) August 15 of each year for the Labor Day fireworks
season; and
(7) December 15 of each year for each December
fireworks season.
SECTION 3. 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, 2023.