| |
| |
|
|
A BILL TO BE ENTITLED
|
|
|
AN ACT
|
|
|
relating to regulation of the retail sale of fireworks. |
|
|
BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS: |
|
|
SECTION 1. Section 2154.001(11), Occupations Code, is |
|
|
amended to read as follows: |
|
|
(11) "Jobber" means a person who purchases fireworks |
|
|
[only] for resale to retailers. |
|
|
SECTION 2. Section 2154.151(c), Occupations Code, is |
|
|
amended to read as follows: |
|
|
(c) A licensed manufacturer may sell: |
|
|
(1) Fireworks 1.4G only to: |
|
|
(A) the public as provided by Section 2154.208; |
|
|
and |
|
|
(B) a licensed distributor or jobber; and |
|
|
(2) Fireworks 1.3G only to a licensed distributor or |
|
|
pyrotechnic operator, or to a fireworks public display permit |
|
|
holder for use in public fireworks displays in this state. |
|
|
SECTION 3. Section 2154.153(a), Occupations Code, is |
|
|
amended to read as follows: |
|
|
(a) A person must be a licensed jobber if the person stores, |
|
|
possesses, and sells Fireworks 1.4G [only] to retailers in this |
|
|
state. |
|
|
SECTION 4. Section 2154.202(a), Occupations Code, is |
|
|
amended to read as follows: |
|
|
(a) Except as authorized under Section 2154.208, a [A] |
|
|
person selling fireworks directly to the public must annually |
|
|
obtain a nonrenewable retail fireworks permit for each retail |
|
|
location. |
|
|
SECTION 5. Subchapter E, Chapter 2154, Occupations Code, is |
|
|
amended by adding Section 2154.208 to read as follows: |
|
|
Sec. 2154.208. SALE OF FIREWORKS TO PUBLIC BY LICENSED |
|
|
MANUFACTURERS, DISTRIBUTORS, AND JOBBERS. (a) A manufacturer, |
|
|
distributor, or jobber who holds a license issued under this |
|
|
chapter may offer fireworks for retail sale to the public only at a |
|
|
location for which the manufacturer, distributor, or jobber obtains |
|
|
a retail location permit from the state fire marshal's office. |
|
|
(b) A permit issued under this section expires on the date |
|
|
the permit holder's manufacturer, distributor, or jobber license, |
|
|
as applicable, expires under this chapter. |
|
|
(c) The state fire marshal may not collect a permit fee for |
|
|
permits issued under this section. The license fees collected |
|
|
under Subchapter D cover the cost of administering the permits |
|
|
issued under this section. |
|
|
(d) A manufacturer, distributor, or jobber who holds a |
|
|
retail location permit issued under this section may offer |
|
|
fireworks for retail sale to the public at the location specified in |
|
|
the permit during the period beginning at 12:01 a.m. two days before |
|
|
the beginning date and ending at 11:59 p.m. two days after the |
|
|
ending date of each of the following holidays: |
|
|
(1) Epiphany; |
|
|
(2) The Prophet's Birthday; |
|
|
(3) Orthodox Christmas; |
|
|
(4) Orthodox New Year; |
|
|
(5) National Freedom Day; |
|
|
(6) Groundhog Day; |
|
|
(7) Tu Bishvat; |
|
|
(8) Valentine's Day; |
|
|
(9) Mardi Gras; |
|
|
(10) Ash Wednesday; |
|
|
(11) Chinese New Year; |
|
|
(12) Saint David's Day; |
|
|
(13) Holi; |
|
|
(14) Texas Independence Day; |
|
|
(15) Purim; |
|
|
(16) Saint Patrick's Day; |
|
|
(17) March equinox; |
|
|
(18) Palm Sunday; |
|
|
(19) Maundy Thursday; |
|
|
(20) Good Friday; |
|
|
(21) Holy Saturday; |
|
|
(22) Passover; |
|
|
(23) Easter Sunday; |
|
|
(24) Easter Monday; |
|
|
(25) National Tartan Day; |
|
|
(26) Orthodox Good Friday; |
|
|
(27) Yom HaShoah; |
|
|
(28) Tax Day; |
|
|
(29) San Jacinto Day; |
|
|
(30) Yom Ha'atzmaut; |
|
|
(31) Loyalty Day; |
|
|
(32) Cinco de Mayo; |
|
|
(33) Lag b'Omer; |
|
|
(34) National Day of Prayer; |
|
|
(35) Mother's Day; |
|
|
(36) Ascension Day; |
|
|
(37) Peace Officers Memorial Day; |
|
|
(38) Isra and Miraj; |
|
|
(39) Armed Forces Day; |
|
|
(40) National Maritime Day; |
|
|
(41) Pentecost; |
|
|
(42) Shavuot; |
|
|
(43) Whit Monday; |
|
|
(44) Trinity Sunday; |
|
|
(45) Corpus Christi; |
|
|
(46) Vesak; |
|
|
(47) D-day; |
|
|
(48) Flag Day; |
|
|
(49) Juneteenth; |
|
|
(50) June solstice; |
|
|
(51) Father's Day; |
|
|
(52) Lailat al-Qadr; |
|
|
(53) Eid al-Fitr; |
|
|
(54) Tisha B'Av; |
|
|
(55) Parents' Day; |
|
|
(56) Assumption of Mary; |
|
|
(57) National Aviation Day; |
|
|
(58) Patriot Day; |
|
|
(59) Constitution Day and Citizenship Day; |
|
|
(60) National POW/MIA Recognition Day; |
|
|
(61) Yom Kippur; |
|
|
(62) September equinox; |
|
|
(63) Bon Festival; |
|
|
(64) Eid al-Adha; |
|
|
(65) Native Americans' Day; |
|
|
(66) Gold Star Mother's Day; |
|
|
(67) Sukkot; |
|
|
(68) Feast of Saint Francis of Assisi; |
|
|
(69) Shemini Atzeret; |
|
|
(70) Child Health Day; |
|
|
(71) Simchat Torah; |
|
|
(72) Leif Erikson Day; |
|
|
(73) Muharram; |
|
|
(74) White Cane Safety Day; |
|
|
(75) Halloween; |
|
|
(76) All Saints' Day; |
|
|
(77) All Souls' Day; |
|
|
(78) Diwali; |
|
|
(79) Hanukkah; |
|
|
(80) Pearl Harbor Remembrance Day; |
|
|
(81) Feast of the Immaculate Conception; |
|
|
(82) Feast of Our Lady of Guadalupe; |
|
|
(83) Wright Brothers Day; |
|
|
(84) December solstice; |
|
|
(85) Christmas Eve; |
|
|
(86) President's Day; |
|
|
(87) Governor's Day; |
|
|
(88) Labor Day; |
|
|
(89) Memorial Day; |
|
|
(90) Independence Day; |
|
|
(91) New Year's Day; and |
|
|
(92) Kwanzaa. |
|
|
SECTION 6. Section 352.051(b)(1), Local Government Code, is |
|
|
amended to read as follows: |
|
|
(1) The Texas A&M Forest Service in the ordinary |
|
|
course of its activities shall determine whether drought |
|
|
conditions, as defined under Subsection (a)(2), exist on average in |
|
|
any county requesting such a determination. The Texas A&M Forest |
|
|
Service shall make available the measurement index guidelines used |
|
|
to determine whether drought conditions exist in a particular area. |
|
|
Following any determination that such drought conditions exist, the |
|
|
Texas A&M Forest Service shall notify said county or counties when |
|
|
such drought conditions no longer exist. The Texas A&M Forest |
|
|
Service shall make its services available each business day [during
|
|
|
the Texas Independence Day, San Jacinto Day, Memorial Day, Fourth
|
|
|
of July, and December fireworks seasons] to respond to the request |
|
|
of any county for a determination whether drought conditions exist |
|
|
on average in the county. |
|
|
SECTION 7. Section 352.051(c), Local Government Code, is |
|
|
amended to read as follows: |
|
|
(c) Upon a determination under this section that drought |
|
|
conditions exist on average in a specified county, the |
|
|
commissioners court of the county by order may prohibit or restrict |
|
|
the sale or use of restricted fireworks in the unincorporated area |
|
|
of the county. In addition, [during the December fireworks season,] |
|
|
the commissioners court of a county by order may restrict or |
|
|
prohibit the sale or use of restricted fireworks in specified areas |
|
|
when conditions on rural acreage in the county not under |
|
|
cultivation for a period of at least 12 months are determined to be |
|
|
extremely hazardous for the danger of fire because of high grass or |
|
|
dry vegetation. |
|
|
SECTION 8. Section 352.051(d), Local Government Code, is |
|
|
repealed. |
|
|
SECTION 9. Not later than December 1, 2017, the state fire |
|
|
marshal shall adopt the rules and prescribe the forms necessary to |
|
|
implement the changes in law made by this Act. |
|
|
SECTION 10. This Act takes effect September 1, 2017. |