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A BILL TO BE ENTITLED
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AN ACT
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relating to regulation of the retail sale of fireworks. |
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BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS: |
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SECTION 1. Section 2154.001(11), Occupations Code, is |
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amended to read as follows: |
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(11) "Jobber" means a person who purchases fireworks |
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[only] for resale to retailers. |
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SECTION 2. Section 2154.151(c), Occupations Code, is |
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amended to read as follows: |
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(c) A licensed manufacturer may sell: |
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(1) Fireworks 1.4G only to: |
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(A) the public as provided by Section 2154.208; |
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and |
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(B) a licensed distributor or jobber; and |
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(2) Fireworks 1.3G only to a licensed distributor or |
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pyrotechnic operator, or to a fireworks public display permit |
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holder for use in public fireworks displays in this state. |
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SECTION 3. Section 2154.153(a), Occupations Code, is |
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amended to read as follows: |
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(a) A person must be a licensed jobber if the person stores, |
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possesses, and sells Fireworks 1.4G [only] to retailers in this |
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state. |
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SECTION 4. Section 2154.202(a), Occupations Code, is |
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amended to read as follows: |
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(a) Except as authorized under Section 2154.208, a [A] |
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person selling fireworks directly to the public must annually |
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obtain a nonrenewable retail fireworks permit for each retail |
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location. |
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SECTION 5. Subchapter E, Chapter 2154, Occupations Code, is |
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amended by adding Section 2154.208 to read as follows: |
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Sec. 2154.208. SALE OF FIREWORKS TO PUBLIC BY LICENSED |
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MANUFACTURERS, DISTRIBUTORS, AND JOBBERS. (a) A manufacturer, |
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distributor, or jobber who holds a license issued under this |
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chapter may offer fireworks for retail sale to the public only at a |
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location for which the manufacturer, distributor, or jobber obtains |
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a location permit from the state fire marshal's office. |
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(b) A permit issued under this section expires on the date |
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the permit holder's manufacturer, distributor, or jobber license, |
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as applicable, expires under this chapter. |
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(c) The state fire marshal may not collect a permit fee for |
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permits issued under this section. The license fees collected |
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under Subchapter D shall cover the cost of administering the |
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permits issued under this section. |
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(d) A manufacturer, distributor, or jobber who holds a |
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permit issued under this section may offer fireworks for retail |
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sale to the public at the location specified in the permit during |
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the period beginning at 12:01 a.m. two days before the beginning |
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date and ending at 11:59 p.m. two days after the ending date of each |
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of the following holidays: |
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(1) Epiphany; |
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(2) The Prophet's Birthday; |
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(3) Orthodox Christmas; |
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(4) Orthodox New Year; |
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(5) National Freedom Day; |
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(6) Groundhog Day; |
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(7) Tu Bishvat; |
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(8) Valentine's Day; |
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(9) Mardi Gras; |
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(10) Ash Wednesday; |
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(11) Chinese New Year; |
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(12) Saint David's Day; |
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(13) Holi; |
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(14) Texas Independence Day; |
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(15) Purim; |
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(16) Saint Patrick's Day; |
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(17) March equinox; |
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(18) Palm Sunday; |
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(19) Maundy Thursday; |
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(20) Good Friday; |
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(21) Holy Saturday; |
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(22) Passover; |
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(23) Easter Sunday; |
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(24) Easter Monday; |
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(25) National Tartan Day; |
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(26) Orthodox Good Friday; |
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(27) Yom HaShoah; |
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(28) Tax Day; |
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(29) Yom Ha'atzmaut; |
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(30) Loyalty Day; |
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(31) Cinco de Mayo; |
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(32) Lag b'Omer; |
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(33) National Day of Prayer; |
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(34) Mother's Day; |
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(35) Ascension Day; |
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(36) Peace Officers Memorial Day; |
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(37) Isra and Miraj; |
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(38) Armed Forces Day; |
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(39) National Maritime Day; |
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(40) Pentecost; |
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(41) Shavuot; |
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(42) Whit Monday; |
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(43) Trinity Sunday; |
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(44) Corpus Christi; |
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(45) Vesak; |
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(46) D-day; |
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(47) Flag Day; |
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(48) Juneteenth; |
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(49) June solstice; |
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(50) Father's Day; |
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(51) Lailat al-Qadr; |
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(52) Eid al-Fitr; |
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(53) Tisha B'Av; |
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(54) Parents' Day; |
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(55) Assumption of Mary; |
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(56) National Aviation Day; |
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(57) Patriot Day; |
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(58) Constitution Day and Citizenship Day; |
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(59) National POW/MIA Recognition Day; |
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(60) Yom Kippur; |
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(61) September equinox; |
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(62) Bon Festival; |
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(63) Eid al-Adha; |
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(64) Native Americans' Day; |
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(65) Gold Star Mother's Day; |
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(66) Sukkot; |
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(67) Feast of Saint Francis of Assisi; |
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(68) Shemini Atzeret; |
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(69) Child Health Day; |
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(70) Simchat Torah; |
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(71) Leif Erikson Day; |
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(72) Muharram; |
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(73) White Cane Safety Day; |
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(74) Halloween; |
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(75) All Saints' Day; |
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(76) All Souls' Day; |
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(77) Diwali; |
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(78) Hanukkah; |
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(79) Pearl Harbor Remembrance Day; |
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(80) Feast of the Immaculate Conception; |
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(81) Feast of Our Lady of Guadalupe; |
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(82) Wright Brothers Day; |
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(83) December solstice; |
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(84) Christmas Eve; |
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(85) President's Day; |
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(86) Governor's Day; |
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(87) Labor Day; |
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(88) Memorial Day; |
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(89) Independence Day; |
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(90) New Year's Day; and |
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(91) Kwanzaa. |
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SECTION 6. Section 352.051(b)(1), Local Government Code, is |
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amended to read as follows: |
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(b)(1) The Texas A&M Forest Service in the ordinary course |
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of its activities shall determine whether drought conditions, as |
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defined under Subsection (a)(2), exist on average in any county |
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requesting such a determination. The Texas A&M Forest Service |
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shall make available the measurement index guidelines used to |
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determine whether drought conditions exist in a particular |
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area. Following any determination that such drought conditions |
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exist, the Texas A&M Forest Service shall notify said county or |
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counties when such drought conditions no longer exist. The Texas |
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A&M Forest Service shall make its services available each day |
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during the [Fourth of July and December] fireworks seasons |
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specified in Subsection (d) to respond to the request of any county |
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for a determination whether drought conditions exist on average in |
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the county. |
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SECTION 7. Section 352.051(d), Local Government Code, is |
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amended to read as follows: |
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(d) To facilitate compliance with an order adopted under |
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Subsection (c), 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; and |
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(4) the 15th day before each fireworks season for the |
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holidays listed in Section 2154.208, Occupations Code. |
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SECTION 8. Not later than December 1, 2015, the state fire |
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marshal shall adopt the rules and prescribe the forms necessary to |
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implement the changes in law made by this Act. |
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SECTION 9. This Act takes effect September 1, 2015. |