Bill Text: TX HB505 | 2021-2022 | 87th Legislature | Engrossed


Bill Title: Relating to the sale of fireworks on and before the Labor Day holiday in certain counties.

Spectrum: Partisan Bill (Republican 1-0)

Status: (Engrossed) 2021-05-06 - Referred to Local Government [HB505 Detail]

Download: Texas-2021-HB505-Engrossed.html
  87R18965 BEE-D
 
  By: White H.B. No. 505
 
 
 
A BILL TO BE ENTITLED
 
AN ACT
  relating to the sale of fireworks on and before the Labor Day
  holiday in certain counties.
         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 five days before the first Monday in
  September and ending at midnight on the first Monday in September in
  a county in which the commissioners court of the county has approved
  the sale of fireworks during the period;
               (3)  beginning December 20 and ending at midnight on
  January 1 of the following year; and
               (4) [(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.
         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, Fourth of July,
  Labor Day, 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 15 of each year for the Fourth of July
  fireworks season; [and]
               (6)  August 15 of each year for the Labor Day fireworks
  season; and
               (7)  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, 2021.
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