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A BILL TO BE ENTITLED
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AN ACT
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relating to restrictions on the sale of fireworks in certain |
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counties. |
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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. APPLICABILITY. (a) This section applies |
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only to the unincorporated area of a county that: |
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(1) has a population of more than 750,000; |
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(2) has an average annual rainfall of less than 20 |
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inches, according to the United States Geological Survey; and |
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(3) has no professional fire service provided in the |
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area. |
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(b) In this section, "resident" means a person who is |
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at least 18 years of age and resides in an area designated |
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under Subsection (c). |
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(c) The commissioners court of a county to which this |
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section applies may designate an area as subject to possible |
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regulation under this section if: |
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(1) at one or more locations in the area fireworks have |
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historically been sold at retail to consumers; and |
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(2) all of the area lies within two miles of any |
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location described by Subdivision (1). |
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(d) If a petition requesting the prohibition of the sale of |
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fireworks that is signed by at least 500 residents of an area |
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designated by the commissioners court under Subsection (c) is filed |
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with a county commissioners court before the 90th day preceding the |
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date of the beginning of the sale of fireworks as provided by this |
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code, the court may restrict or prohibit the sale of fireworks |
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within the area designated. |
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(e) The signatures on a petition filed under Subsection (d) |
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must be reviewed by the county commissioners court, or its |
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designee, which shall determine whether at least 500 of the signers |
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of the petition reside within the area designated under Subsection |
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(c). |
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(f) If this section conflicts with the provisions of any |
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other law, this section prevails. |
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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 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 on the 91st day after the last day of the |
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legislative session. |