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A BILL TO BE ENTITLED
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AN ACT
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relating to the prohibited use of fireworks; providing penalties. |
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BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS: |
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SECTION 1. Section 2154.251(a), Occupations Code, is |
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amended to read as follows: |
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(a) A person may not: |
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(1) explode or ignite fireworks within 300 [600] feet |
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of any church, a hospital other than a veterinary hospital, an |
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asylum, a licensed child care center, or a public or private primary |
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or secondary school or institution of higher education unless the |
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person receives authorization in writing from that organization; |
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(2) sell at retail, explode, or ignite fireworks |
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within 300 [100] feet of a place where flammable liquids or |
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flammable compressed gasses are stored and dispensed; |
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(3) explode or ignite fireworks within 300 [100] feet |
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of a place where fireworks are stored or sold; |
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(4) ignite or discharge fireworks in or from a motor |
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vehicle; |
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(5) place ignited fireworks in, or throw ignited |
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fireworks at, a motor vehicle; |
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(6) conduct a public fireworks display that includes |
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Fireworks 1.3G unless the person is a licensed pyrotechnic |
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operator; |
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(7) conduct a proximate display of fireworks that |
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includes Fireworks 1.3G or Fireworks 1.4G as defined in NFPA 1126 |
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Standards for the Use of Pyrotechnics Before a Proximate Audience |
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unless the person is a licensed pyrotechnic special effects |
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operator and has the approval of the local fire prevention officer; |
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or |
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(8) sell, store, manufacture, distribute, or display |
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fireworks except as provided by this chapter or rules adopted by the |
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commissioner under this chapter. |
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SECTION 2. (a) The change in law made by this Act applies |
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only to conduct that involves the selling, exploding, or igniting |
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of fireworks on or after the effective date of this Act. Conduct of |
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that nature that occurred before the effective date of this Act is |
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governed by the law in effect when the conduct occurred, and the |
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former law is continued in effect for that purpose. |
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(b) For the purposes of this section, conduct that |
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constitutes an offense under a penal law of this state occurred |
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before the effective date of this Act if any element of the offense |
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occurred before that date. |
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SECTION 3. This Act takes effect September 1, 2007. |