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A BILL TO BE ENTITLED
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AN ACT
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relating to municipal and county authority to prohibit or restrict |
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the sale of fireworks. |
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BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS: |
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SECTION 1. Subchapter Z, Chapter 342, Local Government |
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Code, is amended by adding Section 342.902 to read as follows: |
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Sec. 342.902. AUTHORITY TO PROHIBIT OR RESTRICT SALE OF |
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FIREWORKS. A municipality may not prohibit or restrict the sale of |
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fireworks. |
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SECTION 2. Sections 352.051(c) and (f), Local Government |
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Code, are amended to read as follows: |
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(c) Upon a determination under this section that drought |
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conditions exist on average in a specified county, the |
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commissioners court of the county by order may prohibit or restrict |
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the [sale or] use of restricted fireworks in the unincorporated |
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area of the county. In addition, during the December fireworks |
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season, the commissioners court of a county by order may restrict or |
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prohibit the [sale or] use of restricted fireworks in specified |
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areas when conditions on rural acreage in the county not under |
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cultivation for a period of at least 12 months are determined to be |
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extremely hazardous for the danger of fire because of high grass or |
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dry vegetation. |
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(f) When a county issues an order restricting or prohibiting |
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the [sale or] use of restricted fireworks under this section, the |
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county may designate one or more areas of appropriate size and |
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accessibility in the county as safe areas where the use of |
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restricted fireworks is not prohibited, and the legislature |
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encourages a county to designate such an area for that purpose. The |
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safe area may be provided by the county, a municipality within the |
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county, or an individual, business, or corporation. A safe area may |
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be designated in and provided in the geographic area of the |
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regulatory jurisdiction of a municipality if the activity conducted |
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in the safe area is authorized by general law or a municipal |
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regulation or ordinance. An area is considered safe if adequate |
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public safety and fire protection services are provided to the |
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area. A county, municipality, individual, business, or corporation |
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is not liable for injuries or damages resulting from the |
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designation, maintenance, or use of the safe area. |
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SECTION 3. This Act takes effect September 1, 2021. |