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A BILL TO BE ENTITLED
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AN ACT
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relating to the effect on local regulation of the use and sale of |
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fireworks. |
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BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS: |
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SECTION 1. Section 2154.004, Occupations Code, is amended |
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by amending Subsection (b) and adding Subsection (c) to read as |
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follows: |
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(b) This chapter [does not limit or restrict the authority |
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of a county, where specifically authorized by law, or municipality |
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to enact an ordinance or order prohibiting or further regulating |
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fireworks] governs the regulation of fireworks in this state, |
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except that: |
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(1) a municipality may regulate the sale and use of |
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fireworks: |
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(A) within its corporate boundaries; and |
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(B) in the existing area outside those boundaries |
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specified by Section 217.042(a), Local Government Code, if the |
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municipality prohibited or regulated fireworks in those areas |
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existing prior to September 1, 2011. |
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(2) after September 1, 2011, a municipality may not, |
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after annexing an area, adopt a regulation to prohibit a person |
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from: |
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(A) continuing to use the land for the lawful |
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sale and possession of 1.4G fireworks in the area in the manner in |
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which the land was being used on the date the annexation proceedings |
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were instituted if the land use was legal at that time; or |
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(B) beginning to use land in the area in the |
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manner that was planned for the land before the 90th day before the |
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effective date of the annexation if one or more licenses, |
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certificates, permits, approvals, or other forms of authorization |
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by a governmental entity were required by law for the planned land |
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use and a completed application for the initial authorization was |
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filed with the governmental entity before the date the annexation |
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proceedings were instituted. |
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(2) the commissioner's court of a county may regulate |
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restricted fireworks under the provisions of Section 352.051(c), |
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Local Government Code. |
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SECTION 2. 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. |