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A BILL TO BE ENTITLED
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AN ACT
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relating to the requirements for and inspection of a retail |
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fireworks site. |
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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 stand, that sells fireworks |
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1.4G from a building or structure. |
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(16-a) "Retail fireworks site" means a location that |
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has a valid retail fireworks permit issued under Section 2154.202. |
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(16-b) "Retail stand" means a retail fireworks site |
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that sells fireworks 1.4G over the counter to members of the general |
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public who always remain outside 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 SITE; FEES. |
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(a) For purposes of this section, the local fire prevention officer |
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with jurisdiction is: |
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(1) except as provided by Subdivision (2), the county |
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fire marshal, if the county in which the retail fireworks site is |
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located has appointed a county fire marshal; or |
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(2) the fire prevention officer of the emergency |
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services district in which the retail fireworks site is located, if |
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the county in which the retail fireworks site is located has not |
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appointed a county fire marshal or the county fire marshal in that |
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county requests the emergency services district to conduct the |
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inspection. |
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(b) If otherwise authorized under state law, a local fire |
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prevention officer may inspect a retail fireworks site. |
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Notwithstanding any other law, if a local fire prevention officer |
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is authorized under state law to assess a fee for performing an |
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inspection of a retail fireworks site, the inspection fee: |
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(1) may be assessed for a particular retail fireworks |
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site only once during a calendar year; |
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(2) if assessed, shall be assessed and collected only |
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by the local fire prevention officer with jurisdiction over the |
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retail fireworks site; and |
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(3) may not exceed the fee established by 28 T.A.C. |
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Section 34.340 for an inspection conducted by the state fire |
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marshal. |
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(c) To the extent of a conflict between this section and |
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other state law, this section prevails. |
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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. FREE-STANDING STRUCTURE. The fireworks |
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sales building of an indoor retail fireworks site shall be a |
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free-standing durable structure with only one story of space |
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accessible to the public. The fireworks sales building of a site |
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shall not be a tent, boat, or mobile vehicle. The fireworks sales |
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area of a site shall not be part of a multi-use or multi-tenant |
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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 shall be sufficiently designed |
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to 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. An office area used for the |
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operation of an indoor retail fireworks site that is separated by a |
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one-hour fire-rated wall from the fireworks sales or storage area |
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may be exempted by commissioner rule from the distance requirements |
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prescribed by commissioner rule if the office area is reported to |
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and reviewed by the state fire marshal. |
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Sec. 2154.224. COMPLIANCE WITH SUBCHAPTER. Compliance with |
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this subchapter may be addressed in an inspection conducted under |
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Section 2154.2025. |
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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. |