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A BILL TO BE ENTITLED
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AN ACT
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relating to county regulation of fireworks during severe drought |
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conditions. |
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BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS: |
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SECTION 1. Section 352.051, Local Government Code, is |
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amended by amending Subsections (a), (b), (d)-(g), and (i) and |
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adding Subsections (c-1) and (i-1) to read as follows: |
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(a) For the purposes of this section the following |
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definitions shall apply: |
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(1) "Restricted fireworks" means only those items |
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classified under 49 C.F.R. Sec. 173.100(r)(2) (10-1-86 edition), |
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as "skyrockets with sticks" and "missiles with fins". |
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(1-a) "Prohibited fireworks" means those devices that: |
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(A) produce a shower or spray of ignited |
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materials; or |
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(B) when ignited, rise above the ground. |
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(2) "Drought conditions" means the existence |
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immediately preceding or during the fireworks season of a |
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Keetch-Byram Drought Index of 575 or greater. |
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(3) "Severe drought conditions" means the existence |
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immediately preceding or during the fireworks season of a |
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Keetch-Byram Drought Index of 600 or greater. |
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(b)(1) The Texas Forest Service in the ordinary course of |
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its activities shall determine whether drought conditions, as |
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defined under Subsection (a)(2), or severe drought conditions, as |
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defined by Subsection (a)(3), exist on average in any county |
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requesting such a determination. The Texas Forest Service shall |
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make available the measurement index guidelines used to determine |
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whether drought or severe drought conditions exist in a particular |
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area. Following any determination that [such] drought or severe |
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drought conditions exist, the Texas Forest Service shall notify the |
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[said] county or counties when [such] drought or severe drought |
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conditions no longer exist. The Texas Forest Service shall make |
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its services available each day during the Cinco de Mayo, Fourth of |
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July, and December fireworks seasons to respond to the request of |
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any county for a determination whether drought or severe drought |
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conditions exist on average in the county. |
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(2) The Texas Forest Service shall be allowed to take |
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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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(c-1) Upon a determination under this section that severe |
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drought 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 and prohibited fireworks in the |
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unincorporated area of the county. In addition, during the |
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December fireworks season, the commissioners court of a county by |
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order may restrict or prohibit the sale or use of restricted and |
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prohibited fireworks in specified areas when conditions on rural |
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acreage in the county not under cultivation for a period of at least |
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12 months are determined to be extremely hazardous for the danger of |
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fire because of high grass or dry vegetation. |
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(d) To facilitate compliance with an order adopted under |
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Subsection (c) or (c-1), the order must be adopted before: |
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(1) April 25 of each year for the Cinco de Mayo |
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fireworks season; |
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(2) June 15 of each year for the Fourth of July |
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fireworks season; and |
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(3) December 15 of each year for each December |
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fireworks season. |
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(e) An order issued under this section shall expire upon |
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determination as provided under Subsection (b) that [such] drought |
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or severe drought conditions no longer exist. |
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(f) When a county issues an order restricting or prohibiting |
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the sale or use of restricted or prohibited fireworks under this |
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section, the county may approve a site provided by fireworks |
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vendors [designate one or more areas] of appropriate size and |
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accessibility in the county as a safe area [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 approve [designate] such an area for that |
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purpose. [The safe area may be provided by the county, a
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municipality within the county, or an individual, business, or
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corporation.] A safe area may be approved [designated] in and |
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provided in the geographic area of the regulatory jurisdiction of a |
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municipality if the activity conducted in the safe area is |
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authorized by general law or a municipal regulation or |
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ordinance. An area is considered safe if adequate public safety |
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and fire protection services are provided to the area. A county, |
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municipality, individual, business, or corporation is not liable |
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for injuries or damages resulting from the approval [designation], |
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maintenance, or use of the safe area. |
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(g) A person selling any type of fireworks, including |
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restricted or prohibited fireworks, in a county that has adopted an |
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order under Subsection (c) or (c-1) shall, at every location at |
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which the person sells fireworks in the county, provide reasonable |
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notice of the order and reasonable notice of any location approved |
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[designated] under Subsection (f) as a safe area. |
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(i) A person commits an offense if the person knowingly or |
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intentionally violates a prohibition established by an order issued |
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under Subsection (c) [this section]. An offense under this |
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subsection is a Class C misdemeanor. |
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(i-1) A person commits an offense if the person knowingly or |
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intentionally violates a prohibition established by an order issued |
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under Subsection (c-1). An offense under this subsection is a |
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misdemeanor punishable by a fine not to exceed $1,000. |
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SECTION 2. This Act takes effect September 1, 2009. |