82R1842 KYF-D
 
  By: Hughes H.B. No. 1836
 
 
 
A BILL TO BE ENTITLED
 
AN ACT
  relating to the sale of fireworks on and before Texas Independence
  Day.
         BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
         SECTION 1.  Section 2154.202(g), Occupations Code, is
  amended to read as follows:
         (g)  A retail fireworks permit holder may sell fireworks only
  to the public, and only during periods:
               (1)  beginning February 20 and ending at midnight on
  March 2;
               (2)  beginning June 24 and ending at midnight on July 4;
               (3) [(2)]  beginning December 20 and ending at midnight
  on January 1 of the following year; and
               (4) [(3)]  beginning May 1 and ending at midnight on
  May 5 if the fireworks are sold at a location that is not more than
  100 miles from the Texas-Mexico border and that is in a county in
  which the commissioners court of the county has approved the sale of
  fireworks during the period.
         SECTION 2.  Section 352.051(b)(1), Local Government Code, is
  amended to read as follows:
               (1)  The Texas Forest Service in the ordinary course of
  its activities shall determine whether drought conditions, as
  defined under Subsection (a)(2), exist on average in any county
  requesting such a determination.  The Texas Forest Service shall
  make available the measurement index guidelines used to determine
  whether drought conditions exist in a particular area.  Following
  any determination that such drought conditions exist, the Texas
  Forest Service shall notify said county or counties when such
  drought conditions no longer exist.  The Texas Forest Service shall
  make its services available each day during the Texas Independence
  Day, Fourth of July, and December fireworks seasons to respond to
  the request of any county for a determination whether drought
  conditions exist on average in the county.
         SECTION 3.  Section 352.051(d), Local Government Code, is
  amended to read as follows:
         (d)  To facilitate compliance with an order adopted under
  Subsection (c), the order must be adopted before:
               (1)  February 15 of each year for the Texas
  Independence Day fireworks season;
               (2)  April 25 of each year for the Cinco de Mayo
  fireworks season;
               (3) [(2)]  June 15 of each year for the Fourth of July
  fireworks season; and
               (4) [(3)]  December 15 of each year for each December
  fireworks season.
         SECTION 4.  This Act takes effect September 1, 2011.