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A BILL TO BE ENTITLED
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AN ACT
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relating to the sale of fireworks on and before Texas Independence |
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Day. |
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BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS: |
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SECTION 1. Section 2154.202(g), Occupations Code, is |
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amended to read as follows: |
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(g) A retail fireworks permit holder may sell fireworks only |
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to the public, and only during periods: |
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(1) beginning February 20 and ending at midnight on |
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March 2; |
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(2) beginning June 24 and ending at midnight on July 4; |
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(3) [(2)] beginning December 20 and ending at midnight |
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on January 1 of the following year; and |
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(4) [(3)] beginning May 1 and ending at midnight on |
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May 5 if the fireworks are sold at a location that is not more than |
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100 miles from the Texas-Mexico border and that is in a county in |
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which the commissioners court of the county has approved the sale of |
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fireworks during the period. |
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SECTION 2. Section 352.051(b)(1), Local Government Code, is |
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amended to read as follows: |
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(1) The Texas Forest Service in the ordinary course of |
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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 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 |
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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 Forest Service shall |
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make its services available each day during the Texas Independence |
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Day, Fourth of July, and December fireworks seasons to respond to |
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the request of any county for a determination whether drought |
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conditions exist on average in the county. |
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SECTION 3. Section 352.051(d), Local Government Code, is |
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amended to read as follows: |
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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 25 of each year for the Cinco de Mayo |
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fireworks season; |
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(3) [(2)] June 15 of each year for the Fourth of July |
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fireworks season; and |
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(4) [(3)] December 15 of each year for each December |
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fireworks season. |
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SECTION 4. This Act takes effect September 1, 2011. |