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A BILL TO BE ENTITLED
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AN ACT
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relating to certain requirements of retail fireworks sites and |
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inspections of those sites and assessment and collection of certain |
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existing inspection fees by local fire prevention officers. |
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BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS: |
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SECTION 1. Section 2154.001, Occupations Code, is amended |
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by adding Subdivisions (9-a), (16-a), and (16-b) to read as |
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follows: |
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(9-a) "Indoor retail fireworks site" means a retail |
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fireworks site, other than a retail fireworks stand, that sells |
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Fireworks 1.4G from a building or structure. |
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(16-a) "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 to sell fireworks. |
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(16-b) "Retail fireworks stand" means a structure that |
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is a retail fireworks site from which Fireworks 1.4G are sold over |
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the counter to members of the general public who always remain |
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outside of the structure. |
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SECTION 2. Subchapter E, Chapter 2154, Occupations Code, is |
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amended by adding Section 2154.2025 to read as follows: |
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Sec. 2154.2025. INSPECTION OF RETAIL FIREWORKS SITES. (a) |
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In this section: |
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(1) "Fire or life safety hazard" has the meaning |
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assigned by Section 352.016, Local Government Code. |
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(2) "Local fire prevention officer" means: |
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(A) a county fire marshal; or |
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(B) a fire prevention officer of an emergency |
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services district. |
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(b) A local fire prevention officer may inspect a retail |
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fireworks site for a fire or life safety hazard and assess and |
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collect an inspection fee under Section 352.016, Local Government |
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Code, or Section 775.040, Health and Safety Code, as applicable, |
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for that inspection if: |
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(1) the local fire prevention officer is authorized to |
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conduct the inspection under Chapter 352, Local Government Code, or |
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Chapter 775, Health and Safety Code, as applicable; and |
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(2) the local fire prevention officer is: |
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(A) a county fire marshal of the county in which |
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the site is located; or |
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(B) a fire prevention officer of an emergency |
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services district in which the site is located provided: |
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(i) the county in which the site is located |
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has not appointed a county fire marshal; or |
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(ii) the county fire marshal of the county |
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in which the site is located requests the fire prevention officer to |
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conduct the inspection. |
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(c) A local fire prevention officer who inspects a retail |
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fireworks site for a fire or life safety hazard as authorized by |
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Chapter 352, Local Government Code, or Chapter 775, Health and |
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Safety Code, as applicable, may assess the inspection fee provided |
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by Section 352.016, Local Government Code, or by Section 775.040, |
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Health and Safety Code, as applicable, and collect payment of that |
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fee from the person who obtained a retail fireworks permit under |
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Section 2154.202 to sell fireworks at the site. The inspection fee |
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may not exceed: |
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(1) $100, if the largest building at the site is less |
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than 25,000 square feet, plus $25 for each additional building, |
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other than the largest building, located at the site; |
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(2) $200, if the largest building at the site is 25,000 |
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square feet or more, but less than 100,000 square feet, plus $25 for |
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each additional building, other than the largest building, located |
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at the site; and |
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(3) $300, if the largest building at the site is |
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100,000 square feet or more, plus $25 for each additional building, |
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other than the largest building, located at the site. |
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(d) An inspection fee under Section 352.016, Local |
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Government Code, or Section 775.040, Health and Safety Code, as |
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applicable, may be assessed and collected for the inspection of a |
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retail fireworks site for a fire or life safety hazard only: |
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(1) once in a calendar year for that site; and |
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(2) by a local fire prevention officer authorized |
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under Subsection (b) to inspect the site for a fire or life safety |
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hazard and to assess and collect an inspection fee. |
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(e) A local fire prevention officer who inspects a retail |
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fireworks site for a fire or life safety hazard may determine |
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whether the site complies with the requirements of Sections |
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2154.221 and 2154.222. |
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(f) Except as otherwise provided by Subsection (e), this |
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section does not grant additional authority to a local fire |
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prevention officer. |
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(g) This section does not limit the authority of a local |
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fire prevention officer to conduct an inspection of a retail |
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fireworks site for a fire or life safety hazard more than once in a |
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calendar year provided that the site is assessed an inspection fee |
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not more than once in that calendar year and the inspection complies |
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with other requirements of this section. |
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(h) To the extent of any conflict between this section and |
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Chapter 352, Local Government Code, or Chapter 775, Health and |
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Safety Code, this section controls. |
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SECTION 3. Chapter 2154, Occupations Code, is amended by |
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adding Subchapter E-1 to read as follows: |
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SUBCHAPTER E-1. INDOOR RETAIL FIREWORKS SITES |
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Sec. 2154.221. FIREWORKS SALES BUILDING. The fireworks |
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sales building of an indoor retail fireworks site must be a |
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freestanding durable structure with only one story of the building |
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accessible to the public. The fireworks sales building of an indoor |
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retail fireworks site may not be: |
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(1) a tent, boat, or mobile vehicle; or |
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(2) part of a multiuse or multi-tenant building. |
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Sec. 2154.222. SALES DISPLAY AREA. The sales display area |
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of an indoor retail fireworks site must be sufficiently designed to |
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prevent customers from handling fireworks unless an attendant is |
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directly assisting the customer. |
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Sec. 2154.223. OFFICE AREA EXEMPTION. The commissioner may |
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exempt the office area used in the operation of an indoor retail |
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fireworks site from commissioner rules prescribing distance |
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requirements between fireworks storage and inhabited buildings if, |
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after inspecting the office area at the request of the permit holder |
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for the site, the state fire marshal confirms and reports to the |
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commissioner that the office area is separated by a one-hour |
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fire-rated wall from any fireworks sales or storage area. |
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SECTION 4. 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. |