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A BILL TO BE ENTITLED
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AN ACT
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relating to county authority to regulate fireworks. |
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BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS: |
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SECTION 1. The heading to Section 352.051, Local Government |
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Code, is amended to read as follows: |
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Sec. 352.051. REGULATION OF [RESTRICTED] FIREWORKS. |
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SECTION 2. Sections 352.051(c), (f), and (g), Local |
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Government Code, are amended to read as follows: |
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(c) The [Upon a determination under this section that
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drought conditions exist on average in a specified county, the] |
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commissioners court of a [the] county by order may prohibit or |
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restrict the sale or use of [restricted] fireworks in the |
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unincorporated area of the county. [In addition, during the
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December fireworks season, the commissioners court of a county by
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order may restrict or prohibit the sale or use of restricted
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fireworks in specified areas when conditions on rural acreage in
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the county not under cultivation for a period of at least 12 months
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are determined to be extremely hazardous for the danger of fire
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because of high grass or dry vegetation.] |
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(f) When a county issues an order restricting or prohibiting |
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the sale or use of [restricted] fireworks under this section, the |
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county may designate one or more areas of appropriate size and |
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accessibility in the county as safe areas where the use of |
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[restricted] fireworks is not prohibited, and the legislature |
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encourages a county to designate such an area for that |
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purpose. The safe area may be provided by the county, a |
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municipality within the county, or an individual, business, or |
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corporation. A safe area may be designated in and provided in the |
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geographic area of the regulatory jurisdiction of a municipality if |
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the activity conducted in the safe area is authorized by general law |
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or a municipal regulation or ordinance. An area is considered safe |
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if adequate public safety and fire protection services are provided |
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to the area. A county, municipality, individual, business, or |
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corporation is not liable for injuries or damages resulting from |
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the designation, maintenance, or use of the safe area. |
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(g) A person selling [any type of] fireworks[, including
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restricted fireworks,] in a county that has adopted an order |
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prohibiting or restricting the use of fireworks under Subsection |
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(c) shall, at every location at which the person sells fireworks in |
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the county, provide reasonable notice of the order and reasonable |
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notice of any location designated under Subsection (f) as a safe |
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area. |
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SECTION 3. Sections 352.051(a), (b), (e), and (j), Local |
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Government Code, are repealed. |
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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. |