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A BILL TO BE ENTITLED
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AN ACT
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relating to the sale of fireworks on and before the Labor Day |
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holiday in certain counties. |
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BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS: |
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SECTION 1. Section 2154.202(g), Occupations Code, is |
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amended to read as follows: |
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(g) Except as provided by Subsection (h), a retail fireworks |
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permit holder may sell fireworks only to the public, and only during |
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periods: |
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(1) beginning June 24 and ending at midnight on July 4; |
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(2) beginning five days before the first Monday in |
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September and ending at midnight on the first Monday in September in |
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a county in which the commissioners court of the county has |
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approved the sale of fireworks during the period; |
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(3) beginning December 20 and ending at midnight on |
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January 1 of the following year; and |
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(4) [(3)] beginning May 1 and ending at midnight on |
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May 5 if the fireworks are sold at a location that is not more than |
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100 miles from the Texas-Mexico border and that is in a county in |
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which the commissioners court of the county has approved the sale of |
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fireworks during the period. |
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SECTION 2. Sections 352.051(b) and (d), Local Government |
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Code, are amended to read as follows: |
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(b)(1) The Texas A&M Forest Service in the ordinary course |
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of its activities shall determine whether drought conditions, as |
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defined under Subsection (a)(2), exist on average in any county |
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requesting such a determination. The Texas A&M Forest Service shall |
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make available the measurement index guidelines used to determine |
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whether drought conditions exist in a particular area. Following |
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any determination that such drought conditions exist, the Texas A&M |
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Forest Service shall notify said county or counties when such |
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drought conditions no longer exist. The Texas A&M Forest Service |
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shall make its services available each day during the Texas |
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Independence Day, San Jacinto Day, Memorial Day, Fourth of July, |
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Labor Day, and December fireworks seasons to respond to the request |
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of any county for a determination whether drought conditions exist |
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on average in the county. |
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(2) The Texas A&M Forest Service shall be allowed to |
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take such donations of equipment or funds as necessary to aid in the |
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carrying out of this section. |
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(d) To facilitate compliance with an order adopted under |
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Subsection (c), the order must be adopted before: |
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(1) February 15 of each year for the Texas |
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Independence Day fireworks season; |
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(2) April 1 of each year for the San Jacinto Day |
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fireworks season; |
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(3) April 25 of each year for the Cinco de Mayo |
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fireworks season; |
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(4) May 15 of each year for the Memorial Day fireworks |
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season; |
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(5) June 15 of each year for the Fourth of July |
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fireworks season; [and] |
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(6) August 15 of each year for the Labor Day fireworks |
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season; and |
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(7) December 15 of each year for each December |
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fireworks season. |
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SECTION 3. This Act takes effect immediately if it receives |
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a vote of two-thirds of all the members elected to each house, as |
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provided by Section 39, Article III, Texas Constitution. If this |
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Act does not receive the vote necessary for immediate effect, this |
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Act takes effect September 1, 2023. |