Bill Text: TX HB41 | 2017-2018 | 85th Legislature | Comm Sub

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Bill Title: Relating to the sale of fireworks on and before the Juneteenth holiday.

Spectrum: Slight Partisan Bill (Republican 3-1)

Status: (Introduced - Dead) 2017-05-12 - Returned to Local & Consent Calendars Comm. [HB41 Detail]

Download: Texas-2017-HB41-Comm_Sub.html

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85R22848 DMS-D
By: White, Faircloth, et al. H.B. No. 41
Substitute the following for H.B. No. 41:
By: Neave C.S.H.B. No. 41

A BILL TO BE ENTITLED
AN ACT
relating to the sale of fireworks on and before the Juneteenth
holiday.
BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
SECTION 1. Section 2154.202(g), Occupations Code, is
amended to read as follows:
(g) Except as provided by Subsection (h), a retail fireworks
permit holder may sell fireworks only to the public, and only during
periods:
(1) beginning June 24 and ending at midnight on July 4;
(2) beginning December 20 and ending at midnight on
January 1 of the following year; [and]
(3) beginning May 1 and ending at midnight on May 5 if
the fireworks are sold at a location that is not more than 100 miles
from the Texas-Mexico border and that is in a county in which the
commissioners court of the county has approved the sale of
fireworks during the period; and
(4) beginning June 16 and ending at midnight on June 23
in a county in which the commissioners court of the county has
approved the sale of fireworks during the period.
SECTION 2. Sections 352.051(b) and (d), Local Government
Code, are amended to read as follows:
(b)(1) The Texas A&M Forest Service in the ordinary course
of its activities shall determine whether drought conditions, as
defined under Subsection (a)(2), exist on average in any county
requesting such a determination. The Texas A&M Forest Service
shall make available the measurement index guidelines used to
determine whether drought conditions exist in a particular area.
Following any determination that such drought conditions exist, the
Texas A&M Forest Service shall notify said county or counties when
such drought conditions no longer exist. The Texas A&M Forest
Service shall make its services available each day during the Texas
Independence Day, San Jacinto Day, Memorial Day, Juneteenth, Fourth
of July, and December fireworks seasons to respond to the request of
any county for a determination whether drought conditions exist on
average in the county.
(2) The Texas A&M Forest Service shall be allowed to
take such donations of equipment or funds as necessary to aid in the
carrying out of this section.
(d) To facilitate compliance with an order adopted under
Subsection (c), 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 1 of each year for the Juneteenth fireworks
season;
(6) June 15 of each year for the Fourth of July
fireworks season; and
(7) [(6)] December 15 of each year for each December
fireworks season.
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.