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A BILL TO BE ENTITLED
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AN ACT
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relating to the regulation of fireworks. |
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BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS: |
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SECTION 1. Section 352.081(f), Local Government Code, is |
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amended to read as follows: |
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(f) This section does not apply to outdoor burning |
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activities: |
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(1) related to public health and safety that are |
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authorized by the Texas Natural Resource Conservation Commission |
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for: |
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(A) firefighter training; |
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(B) public utility, natural gas pipeline, or |
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mining operations; or |
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(C) planting or harvesting of agriculture crops; |
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[or] |
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(2) that are conducted by a prescribed burn manager |
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certified under Section 153.048, Natural Resources Code, and meet |
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the standards of Section 153.047, Natural Resources Code; or |
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(3) related to igniting permissible fireworks |
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described by Section 2154.003, Occupations Code. |
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SECTION 2. Section 2154.001, Occupations Code, is amended |
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by adding Subdivisions (3-a) and (16-a) to read as follows: |
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(3-a) "Drought conditions" means the existence of a |
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long-term deficit of moisture with a measurement under the |
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Keetch-Byram Drought Index of 575 or greater. |
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(16-a) "Restricted fireworks" means fireworks |
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classified under 49 C.F.R. Section 173.100(r)(2) (10-1-86 edition) |
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as "skyrockets with sticks" and "missiles with fins." |
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SECTION 3. Section 2154.052(b), Occupations Code, is |
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amended to read as follows: |
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(b) The commissioner shall adopt and the state fire marshal |
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shall administer rules the commissioner considers necessary for the |
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protection, safety, and preservation of life and property, |
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including rules regulating: |
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(1) the issuance of licenses and permits to persons |
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engaged in manufacturing, selling, storing, possessing, or |
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transporting fireworks in this state; |
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(2) the possession and transportation of less than |
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1,000 pounds of Fireworks 1.4G by consumers and sellers; |
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(3) the use of restricted fireworks in a county where |
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drought conditions exist immediately preceding and during the |
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fireworks season; |
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(4) the conduct of public fireworks displays; and |
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(5) [(3)] the safe storage of Fireworks 1.3G and |
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Fireworks 1.4G. |
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SECTION 4. The following laws are repealed: |
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(1) Section 418.108(i), Government Code; and |
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(2) Section 352.051, Local Government Code. |
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SECTION 5. The repeal by this Act of Section 352.051, Local |
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Government Code, does not apply to an offense committed under that |
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section before the effective date of this Act. An offense committed |
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before that date is covered by the law in effect on the date the |
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offense was committed, and the former law is continued in effect for |
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that purpose. |
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SECTION 6. This Act takes effect September 1, 2013. |