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AN ACT
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relating to the sale of fireworks before and during the Diwali |
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holiday. |
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BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS: |
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SECTION 1. Section 2154.202(h), Occupations Code, is |
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amended to read as follows: |
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(h) In addition to the periods during which the sale of |
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fireworks is authorized under Subsection (g), the commissioners |
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court of a county by order may allow a retail fireworks permit |
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holder to sell fireworks in that county only to the public and only |
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during one or more of the following periods: |
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(1) beginning February 25 and ending at midnight on |
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March 2; |
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(2) beginning April 16 and ending at midnight on April |
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21; [and] |
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(3) beginning the Wednesday before the last Monday in |
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May and ending at midnight on the last Monday in May; and |
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(4) beginning five days before the first day of Diwali |
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and ending at midnight on the last day of Diwali. |
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SECTION 2. Sections 352.051(b) and (d), 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 |
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shall make available the measurement index guidelines used to |
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determine whether drought conditions exist in a particular area. |
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Following any determination that such drought conditions exist, the |
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Texas A&M Forest Service shall notify said county or counties when |
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such drought conditions no longer exist. The Texas A&M Forest |
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Service shall make its services available each day during the Texas |
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Independence Day, San Jacinto Day, Memorial Day, Fourth of July, |
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Diwali, 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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(d) To facilitate compliance with an order adopted under |
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Subsection (c), the order must be adopted before: |
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(1) February 15 of each year for the Texas |
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Independence Day fireworks season; |
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(2) April 1 of each year for the San Jacinto Day |
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fireworks season; |
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(3) April 25 of each year for the Cinco de Mayo |
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fireworks season; |
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(4) May 15 of each year for the Memorial Day fireworks |
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season; |
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(5) June 15 of each year for the Fourth of July |
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fireworks season; [and] |
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(6) 15 days before the beginning of Diwali for the |
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Diwali fireworks season; and |
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(7) December 15 of each year for each December |
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fireworks season. |
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SECTION 3. This Act takes effect September 1, 2023. |
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______________________________ |
______________________________ |
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President of the Senate |
Speaker of the House |
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I certify that H.B. No. 608 was passed by the House on March |
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29, 2023, by the following vote: Yeas 139, Nays 8, 1 present, not |
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voting. |
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______________________________ |
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Chief Clerk of the House |
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I certify that H.B. No. 608 was passed by the Senate on May |
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17, 2023, by the following vote: Yeas 30, Nays 1. |
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______________________________ |
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Secretary of the Senate |
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APPROVED: _____________________ |
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Date |
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_____________________ |
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Governor |