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A BILL TO BE ENTITLED
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AN ACT
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Relating to the regulation of restricted fireworks. |
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BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS: |
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SECTION 1. Amend Section 352.051(2), Local Government Code |
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as follows: |
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Sec. 352.051. REGULATION OF RESTRICTED FIREWORKS. (a) For |
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the purposes of this section the following definitions shall apply: |
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(1) "Restricted fireworks" means only those items |
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classified under 49 C.F.R. Sec. 173.100(r)(2) (10-1-86 edition), as |
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"skyrockets with sticks" and "missiles with fins". |
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(2) "Drought conditions" means the existence on the |
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specific days listed in subsection(d) immediately preceding or on |
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specific days during the fireworks season of a Keetch-Byram Drought
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Index (KBDI) of 575 or greater. The Texas Forest Service and |
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counties may not use any forecasted indexes for the purpose of |
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determining drought conditions under this Subchapter. |
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SECTION 2. Amend Section 352.051(b)(1), and (c) Local |
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Government Code as follows: |
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(b)(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 for that specific |
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day in any county that has requestinged such a determination. The
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Texas Forest Service shall make available the measurement index |
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guidelines used to determine whether drought conditions exist in a |
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particular area. Following any determination that such drought |
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conditions exist, the Texas Forest Service shall immediately notify
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said county or counties and the State Fire Marshall when such
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drought conditions no longer exist. Upon notification by the Texas |
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Forest Service and the State Fire Marshall shall instruct the |
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county or counties to discontinue the ban and notify all news |
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outlets in the county and the associations representing the |
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fireworks industry who have given him their contact information |
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that the ban has been lifted. The Texas Forest Service and State |
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Fire Marshall shall make its their services available each day
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during the Fourth of July and December fireworks seasons to respond |
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to the request of any county or fireworks vendor for a determination
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whether drought conditions exist on average in the county. |
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(2) The Texas Forest Service shall be allowed to take |
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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 on that specific |
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day, the commissioner's court of the county by order may prohibit or
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restrict only the sale or use of restricted fireworks as defined in |
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this Subchapter in the unincorporated area of the county. In
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addition, during the December fireworks season, the commissioners |
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court of a county by order may restrict or prohibit the sale or use |
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of restricted fireworks in specified areas when conditions on rural |
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acreage in the county not under cultivation for a period of at least |
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12 months are determined to be extremely hazardous for the danger of |
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fire because of high grass or dry vegetation. |
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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) April 25 of each year for the Cinco de Mayo |
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fireworks season; |
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(2) June 15 of each year for the Fourth of July |
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fireworks season; and |
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(3) December 15 of each year for each December |
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fireworks season. |
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(e) An order issued under this section shall expire upon |
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determination as provided under Subsection (b) that such drought |
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conditions no longer exist. |
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(f) When a county issues an order restricting or prohibiting |
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the sale or use of restricted fireworks under this section, the |
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county may designate one or more areas of appropriate size and |
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accessibility in the county as safe areas where the use of |
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restricted fireworks is not prohibited, and the legislature |
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encourages a county to designate such an area for that purpose. The |
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safe area may be provided by the county, a municipality within the |
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county, or an individual, business, or corporation. A safe area may |
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be designated in and provided in the geographic area of the |
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regulatory jurisdiction of a municipality if the activity conducted |
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in the safe area is authorized by general law or a municipal |
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regulation or ordinance. An area is considered safe if adequate |
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public safety and fire protection services are provided to the |
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area. |
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(g) A person selling any type of fireworks, including |
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restricted fireworks, in a county that has adopted an order under |
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Subsection (c) shall, at every location at which the person sells |
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fireworks in the county, provide reasonable notice of the order and |
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reasonable notice of any location designated under Subsection (f) |
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as a safe area. |
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(h) An affected party is entitled to injunctive relief to |
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prevent the violation or threatened violation of a requirement or |
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prohibition established by an order adopted under this section. |
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(i) A person commits an offense if the person knowingly or |
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intentionally violates a prohibition established by an order issued |
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under this section. An offense under this subsection is a Class C |
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misdemeanor. |
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(j) A civil action against a county based on the county's |
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actions under this section must be brought in the appropriate court |
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in that county. |
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SECTION 3. This Act takes effect immediately if it receives |
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a vote of two-thirds of all the members elected to each house, as |
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provided by Section 39, Article III, Texas Constitution. If this |
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Act does not receive the vote necessary for immediate effect, this |
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Act takes effect September 1, 2011. |