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A BILL TO BE ENTITLED
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AN ACT
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relating to regulation of the retail sale of fireworks. |
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BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS: |
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SECTION 1. Section 2154.001(11), Occupations Code, is |
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amended to read as follows: |
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(11) "Jobber" means a person who purchases fireworks |
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[only] for resale to retailers. |
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SECTION 2. Section 2154.153(a), Occupations Code, is |
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amended to read as follows: |
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(a) A person must be a licensed jobber if the person stores, |
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possesses, and sells Fireworks 1.4G [only] to retailers in this |
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state. |
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SECTION 3. Section 2154.202(a), Occupations Code, is |
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amended to read as follows: |
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(a) Except as authorized under Section 2154.208, a [A] |
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person selling fireworks directly to the public must annually |
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obtain a nonrenewable retail fireworks permit for each retail |
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location. |
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SECTION 4. Subchapter E, Chapter 2154, Occupations Code, is |
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amended by adding Section 2154.208 to read as follows: |
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Sec. 2154.208. SALE OF FIREWORKS TO PUBLIC BY LICENSED |
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JOBBERS. (a) A jobber who holds a jobber license issued under this |
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chapter may offer fireworks for retail sale to the public only at a |
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location for which the jobber obtains a retail location permit from |
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the state fire marshal's office. |
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(b) A permit issued under this section expires on the date |
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the permit holder's jobber license expires under this chapter. |
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(c) A jobber who holds a retail location permit issued under |
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this section may offer fireworks for retail sale to the public at |
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the location specified in the permit during the period beginning |
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January 1 and ending at midnight on December 31. |
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SECTION 5. Sections 352.051(b) and (c), Local Government |
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Code, are amended to read as follows: |
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(b)(1) The Texas A&M Forest Service in the ordinary course |
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of its activities shall determine whether drought conditions, as |
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defined under Subsection (a)(2), exist on average in any county |
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requesting such a determination. The Texas A&M Forest Service shall |
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make available the measurement index guidelines used to determine |
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whether drought conditions exist in a particular area. Following |
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any determination that such drought conditions exist, the Texas A&M |
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Forest Service shall notify said county or counties when such |
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drought conditions no longer exist. The Texas A&M Forest Service |
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shall make its services available each business day [during the
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Texas Independence Day, San Jacinto Day, Memorial Day, Fourth of
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July, and December fireworks seasons] to respond to the request of |
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any county for a determination whether drought conditions exist on |
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average in the county. |
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(2) The Texas A&M Forest Service shall be allowed to |
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take such donations of equipment or funds as necessary to aid in the |
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carrying out of this section. |
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(c) Upon a determination under this section that drought |
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conditions exist on average in a specified county, the |
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commissioners court of the county by order may prohibit or restrict |
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the sale or use of restricted fireworks in the unincorporated area |
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of the county. In addition, [during the December fireworks season,] |
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the commissioners court of a county by order may restrict or |
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prohibit the sale or use of restricted fireworks in specified areas |
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when conditions on rural acreage in the county not under |
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cultivation for a period of at least 12 months are determined to be |
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extremely hazardous for the danger of fire because of high grass or |
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dry vegetation. |
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SECTION 6. Section 352.051(d), Local Government Code, is |
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repealed. |
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SECTION 7. Not later than December 1, 2019, the |
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commissioner of insurance shall adopt the rules and prescribe the |
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forms necessary to implement the changes in law made by this Act. |
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SECTION 8. This Act takes effect September 1, 2019. |