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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 location in which fireworks may be |
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sold in certain counties located along the Texas-Mexico border. |
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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 a new 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 greater than 750,000; |
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(2) is located along the Texas-Mexico border; |
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(3) has average annual rainfall of less than 20 inches |
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according to the United States Geological Survey; and |
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(4) 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 18 |
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years of age or older and resides in an area designated under |
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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 composed of: |
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(1) one or more locations at which fireworks have |
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historically been sold at retail to consumers; and |
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(2) the area defined by a radius that is not greater |
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than 2 miles in every direction from a location or locations |
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described by Subsection (c)(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 prior to the 90th day preceding |
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the date of the beginning of the sale of fireworks as provided in |
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this code, the court may restrict or prohibit the sale of fireworks |
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within the area designated in Subsection (c). |
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(e) The signatures on a petition filed under Subsection (d) |
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shall be reviewed by the county commissioners court, or its |
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designee, which shall determine whether at least 500 of the |
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signer's of the petition reside within the area designated in |
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Section (c). |
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(f) If this section conflicts with the provisions of any |
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other law, this section shall prevail. |
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SECTION 2. EFFECTIVE DATE. This Act takes effect |
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immediately if it receives a vote of two-thirds of all members |
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elected to each house, as provided by Section 39, Article III, Texas |
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Constitution. If this Act does not receive the vote necessary for |
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immediate effect, the Act takes effect on the ninety-first day |
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after the last day of the legislative session in which it is |
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enacted. |