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 - Dead) 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 |
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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 [ |
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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 [ |
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area of the county. In addition, during the December fireworks | ||
season, the commissioners court of a county by order may restrict or | ||
prohibit the [ |
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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 [ |
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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. |