H.B. No. 608
AN ACT
relating to the sale of fireworks before and during the Diwali
holiday.
BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
SECTION 1. Section 2154.202(h), Occupations Code, is
amended to read as follows:
(h) In addition to the periods during which the sale of
fireworks is authorized under Subsection (g), the commissioners
court of a county by order may allow a retail fireworks permit
holder to sell fireworks in that county only to the public and only
during one or more of the following periods:
(1) beginning February 25 and ending at midnight on
March 2;
(2) beginning April 16 and ending at midnight on April
21; [and]
(3) beginning the Wednesday before the last Monday in
May and ending at midnight on the last Monday in May; and
(4) beginning five days before the first day of Diwali
and ending at midnight on the last day of Diwali.
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,
Diwali, 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) 15 days before the beginning of Diwali for the
Diwali fireworks season; and
(7) December 15 of each year for each December
fireworks season.
SECTION 3. This Act takes effect September 1, 2023.
______________________________ ______________________________
President of the Senate Speaker of the House
I certify that H.B. No. 608 was passed by the House on March
29, 2023, by the following vote: Yeas 139, Nays 8, 1 present, not
voting.
______________________________
Chief Clerk of the House
I certify that H.B. No. 608 was passed by the Senate on May
17, 2023, by the following vote: Yeas 30, Nays 1.
______________________________
Secretary of the Senate
APPROVED: _____________________
Date
_____________________
Governor