Bill Text: TX HB3639 | 2017-2018 | 85th Legislature | Comm Sub
Bill Title: Relating to regulation of fireworks stands in certain counties; creating criminal offenses.
Spectrum: Partisan Bill (Democrat 1-0)
Status: (Introduced - Dead) 2017-05-09 - Placed on General State Calendar [HB3639 Detail]
Download: Texas-2017-HB3639-Comm_Sub.html
85R19071 PAM-D | |||
By: Gervin-Hawkins | H.B. No. 3639 | ||
Substitute the following for H.B. No. 3639: | |||
By: Neave | C.S.H.B. No. 3639 |
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relating to county authority to regulate fireworks; creating an | ||
offense. | ||
BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS: | ||
SECTION 1. Section 352.051, Local Government Code, is | ||
amended by adding Subsection (a-1) to read as follows: | ||
(a-1) This section does not apply to a county subject to | ||
Section 352.052. | ||
SECTION 2. Subchapter C, Chapter 352, Local Government | ||
Code, is amended by adding Section 352.052 to read as follows: | ||
Sec. 352.052. REGULATION OF FIREWORKS IN CERTAIN POPULOUS | ||
COUNTIES. (a) The commissioners court of a county with a | ||
population of more than 1.5 million in which more than 75 percent of | ||
the population lives in a single municipality by order may prohibit | ||
or restrict the sale or use of fireworks in the unincorporated area | ||
of the county. | ||
(b) To facilitate compliance with an order adopted under | ||
Subsection (a), the order must be adopted before: | ||
(1) February 15 of each year for the Texas | ||
Independence Day fireworks season; | ||
(2) April 1 of each year for the San Jacinto Day | ||
fireworks season; | ||
(3) April 25 of each year for the Cinco de Mayo | ||
fireworks season; | ||
(4) May 15 of each year for the Memorial Day fireworks | ||
season; | ||
(5) June 15 of each year for the Fourth of July | ||
fireworks season; and | ||
(6) December 15 of each year for each December | ||
fireworks season. | ||
(c) When a county issues an order restricting or prohibiting | ||
the sale or use of fireworks under this section, the county may | ||
designate one or more areas of appropriate size and accessibility | ||
in the county as safe areas where the use of fireworks is not | ||
prohibited, and the legislature encourages the county to designate | ||
such an area for that purpose. The safe area may be provided by the | ||
county, a municipality within the county, or an individual, | ||
business, or corporation. A safe area may be designated in and | ||
provided in the geographic area of the regulatory jurisdiction of a | ||
municipality if the activity conducted in the safe area is | ||
authorized by general law or a municipal regulation or ordinance. | ||
An area is considered safe if adequate public safety and fire | ||
protection services are provided to the area. The county or a | ||
municipality, individual, business, or corporation is not liable | ||
for injuries or damages resulting from the designation, | ||
maintenance, or use of the safe area. | ||
(d) A person selling fireworks in a county that has adopted | ||
an order prohibiting or restricting the use of fireworks under | ||
Subsection (a) shall, at every location at which the person sells | ||
fireworks in the county, provide reasonable notice of the order and | ||
reasonable notice of any location designated under Subsection (c) | ||
as a safe area. | ||
(e) An affected party is entitled to injunctive relief to | ||
prevent the violation or threatened violation of a requirement or | ||
prohibition established by an order adopted under this section. | ||
(f) A person commits an offense if the person knowingly or | ||
intentionally violates a prohibition established by an order issued | ||
under this section. An offense under this subsection is a Class C | ||
misdemeanor. | ||
SECTION 3. This Act takes effect immediately if it receives | ||
a vote of two-thirds of all the members elected to each house, as | ||
provided by Section 39, Article III, Texas Constitution. If this | ||
Act does not receive the vote necessary for immediate effect, this | ||
Act takes effect September 1, 2017. |