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A BILL TO BE ENTITLED
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AN ACT
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relating to the regulation of the sale and use of fireworks by |
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certain counties; providing penalties. |
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BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS: |
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SECTION 1. Subchapter C, Chapter 352, Local Government |
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Code, is amended by adding Section 352.052 to read as follows: |
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Sec. 352.052. ADDITIONAL REGULATION OF FIREWORKS IN CERTAIN |
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COUNTIES. (a) This section applies only to a county with a |
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population of 3.3 million or more. |
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(b) To promote public health, safety, and welfare, the |
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commissioners court of a county by order may prohibit or otherwise |
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regulate the sale or use of fireworks in the unincorporated area of |
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the county. |
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(c) A person who violates a prohibition or regulation |
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adopted by the county under this section is liable to the county for |
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a civil penalty of not more than $100 for each violation. Each day a |
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violation continues is considered a separate violation for purposes |
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of assessing the civil penalty. A county may bring suit in a |
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district court to recover a civil penalty authorized by this |
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subsection. |
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(d) A person commits an offense if the person intentionally |
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or knowingly violates a prohibition or regulation adopted under |
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this section by the commissioners court. An offense under this |
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subsection is a Class C misdemeanor. |
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(e) Authority under this section is cumulative of other |
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authority that a county has to regulate the sale or use of fireworks |
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and does not limit that other authority. |
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SECTION 2. 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, 2009. |