Bill Text: TX HB3639 | 2017-2018 | 85th Legislature | Introduced
NOTE: There are more recent revisions of this legislation. Read Latest Draft
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-Introduced.html
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-Introduced.html
85R2337 PAM-D | ||
By: Gervin-Hawkins | H.B. No. 3639 |
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relating to county authority to regulate fireworks. | ||
BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS: | ||
SECTION 1. The heading to Section 352.051, Local Government | ||
Code, is amended to read as follows: | ||
Sec. 352.051. REGULATION OF [ |
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SECTION 2. Sections 352.051(c), (f), and (g), Local | ||
Government Code, are amended to read as follows: | ||
(c) The [ |
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commissioners court of a [ |
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restrict the sale or use of [ |
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unincorporated area of the county. [ |
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(f) When a county issues an order restricting or prohibiting | ||
the sale or use of [ |
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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 | ||
[ |
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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. | ||
(g) A person selling [ |
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prohibiting or restricting the use of fireworks under Subsection | ||
(c) 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 (f) as a safe | ||
area. | ||
SECTION 3. Sections 352.051(a), (b), (e), and (j), Local | ||
Government Code, are repealed. | ||
SECTION 4. 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. |