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A BILL TO BE ENTITLED
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AN ACT
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relating to regulation of fireworks stands in certain counties; |
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creating criminal offenses. |
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BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS: |
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SECTION 1. Section 352.051, Local Government Code, is |
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amended by adding Subsection (a-1) to read as follows: |
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(a-1) This section does not apply to a county subject to |
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Section 360.001. |
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SECTION 2. Subtitle B, Title 11, Local Government Code, is |
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amended by adding Chapter 360 to read as follows: |
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CHAPTER 360. MISCELLANEOUS PROVISIONS RELATING TO COUNTY PUBLIC |
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SAFETY |
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Sec. 360.001. REGULATION OF FIREWORKS STANDS IN CERTAIN |
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POPULOUS COUNTIES. (a) In this section: |
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(1) "Retail fireworks site" means a retail location |
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for which a person has obtained a current retail fireworks permit |
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under Section 2154.202, Occupations Code, to sell fireworks. |
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(2) "Retail fireworks stand" means a structure that is |
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a retail fireworks site from which fireworks are sold over the |
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counter to members of the general public who always remain outside |
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of the structure. |
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(b) This section applies only to the unincorporated area of |
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a county with a population of more than 1.5 million in which more |
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than 75 percent of the population lives in a single municipality. |
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(c) A retail fireworks stand may not be located: |
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(1) within 2,500 feet of the corporate boundary of a |
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municipality; or |
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(2) within 500 feet of any residential property. |
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(d) The person who obtains a retail fireworks permit under |
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Section 2154.202, Occupations Code, applicable to a retail |
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fireworks stand shall ensure that a sign is conspicuously posted on |
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the outside of the stand that provides contact information, |
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including a mailing address, where a member of the public may submit |
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a complaint to the county fire marshal relating to any alleged |
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unsafe operation of the stand or any alleged nuisance resulting |
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from the operation of the stand. The sign must be at least 24 inches |
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high by 36 inches wide and must be printed in lettering at least two |
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inches high. The commissioners court of a county by order may |
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require additional signs to be provided in a language other than |
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English if the commissioners court determines that it is likely |
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that a substantial number of residents of the unincorporated area |
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speak a language other than English as their familiar language. |
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(e) If the county fire marshal receives a complaint from a |
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member of the public as provided for under Subsection (d), the |
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county fire marshal shall make a determination whether the |
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complaint is valid and promptly notify the permit holder for the |
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retail fireworks stand. |
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(f) The permit holder shall cooperate with the county fire |
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marshal to resolve each complaint determined valid by the county |
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fire marshal under Subsection (e). Not later than the third |
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business day after the date the county fire marshal notifies the |
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permit holder that a complaint is valid, the permit holder must |
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resolve the complaint or remove the retail fireworks stand. |
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(g) A permit holder who fails to take appropriate action |
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within the period prescribed by Subsection (f) commits an offense. |
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An offense under this subsection is a Class C misdemeanor. |
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(h) A person who knowingly files a baseless complaint under |
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this section commits an offense. The penalty for a first offense |
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under this subsection is a warning citation. A subsequent offense |
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under this subsection is a Class C misdemeanor. |
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(i) The structure for a retail fireworks stand may not be |
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placed on a site more than 15 days before fireworks are authorized |
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for sale by law. The structure for a retail fireworks stand must be |
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removed from a site not later than 15 days after the last day |
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fireworks are authorized for sale by law. |
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SECTION 3. This Act takes effect immediately if it receives |
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a vote of two-thirds of all the 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 September 1, 2017. |