Bill Text: TX HB3967 | 2021-2022 | 87th Legislature | Comm Sub


Bill Title: Relating to county authority to prohibit or restrict the sale of fireworks.

Spectrum: Partisan Bill (Democrat 1-0)

Status: (Introduced) 2021-04-30 - Committee report sent to Calendars [HB3967 Detail]

Download: Texas-2021-HB3967-Comm_Sub.html
  87R16018 SCL-D
 
  By: Cortez H.B. No. 3967
 
  Substitute the following for H.B. No. 3967:
 
  By:  Coleman C.S.H.B. No. 3967
 
 
 
A BILL TO BE ENTITLED
 
AN ACT
  relating to county authority to prohibit or restrict the sale of
  fireworks.
         BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
         SECTION 1.  Section 418.108, Government Code, is amended by
  amending Subsection (i) and adding Subsection (j) to read as
  follows:
         (i)  Except as provided by Subsection (j), a [A] declaration
  under this section may include a restriction that exceeds a
  restriction authorized by Section 352.051, Local Government Code.
  A restriction that exceeds a restriction authorized by Section
  352.051, Local Government Code, is effective only:
               (1)  for 60 hours unless extended by the governor; and
               (2)  if the county judge requests the governor to grant
  an extension of the restriction.
         (j)  Subsection (i) does not authorize a county to prohibit
  or restrict the sale of fireworks.
         SECTION 2.  Sections 352.051(c) and (f), Local Government
  Code, are amended to read as follows:
         (c)  Upon a determination under this section that drought
  conditions exist on average in a specified county, the
  commissioners court of the county by order may prohibit or restrict
  the [sale or] use of restricted fireworks in the unincorporated
  area of the county. In addition, during the December fireworks
  season, the commissioners court of a county by order may restrict or
  prohibit the [sale or] use of restricted fireworks in specified
  areas when conditions on rural acreage in the county not under
  cultivation for a period of at least 12 months are determined to be
  extremely hazardous for the danger of fire because of high grass or
  dry vegetation.
         (f)  When a county issues an order restricting or prohibiting
  the [sale or] use of restricted 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
  restricted fireworks is not prohibited, and the legislature
  encourages a 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.  A county, municipality, individual, business, or corporation
  is not liable for injuries or damages resulting from the
  designation, maintenance, or use of the safe area.
         SECTION 3.  This Act takes effect September 1, 2021.
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