87R8394 SCL-D
 
  By: Cortez H.B. No. 3967
 
 
 
A BILL TO BE ENTITLED
 
AN ACT
  relating to municipal and county authority to prohibit or restrict
  the sale of fireworks.
         BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
         SECTION 1.  Subchapter Z, Chapter 342, Local Government
  Code, is amended by adding Section 342.902 to read as follows:
         Sec. 342.902.  AUTHORITY TO PROHIBIT OR RESTRICT SALE OF
  FIREWORKS. A municipality may not prohibit or restrict the sale of
  fireworks.
         SECTION 2.  Sections 352.051(c) and (f), Local Government
  Code, are amended to read as follows:
         (c)  Upon a determination under this section that drought
  conditions exist on average in a specified county, the
  commissioners court of the county by order may prohibit or restrict
  the [sale or] use of restricted fireworks in the unincorporated
  area of the county. In addition, during the December fireworks
  season, the commissioners court of a county by order may restrict or
  prohibit the [sale or] use of restricted fireworks in specified
  areas when conditions on rural acreage in the county not under
  cultivation for a period of at least 12 months are determined to be
  extremely hazardous for the danger of fire because of high grass or
  dry vegetation.
         (f)  When a county issues an order restricting or prohibiting
  the [sale or] use of restricted fireworks under this section, the
  county may designate one or more areas of appropriate size and
  accessibility in the county as safe areas where the use of
  restricted fireworks is not prohibited, and the legislature
  encourages a county to designate such an area for that purpose.  The
  safe area may be provided by the county, a municipality within the
  county, or an individual, business, or corporation.  A safe area may
  be designated in and provided in the geographic area of the
  regulatory jurisdiction of a municipality if the activity conducted
  in the safe area is authorized by general law or a municipal
  regulation or ordinance.  An area is considered safe if adequate
  public safety and fire protection services are provided to the
  area.  A county, municipality, individual, business, or corporation
  is not liable for injuries or damages resulting from the
  designation, maintenance, or use of the safe area.
         SECTION 3.  This Act takes effect September 1, 2021.