|
|
|
A BILL TO BE ENTITLED
|
|
AN ACT
|
|
relating to county authority to regulate fireworks; creating an |
|
offense. |
|
BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS: |
|
SECTION 1. Section 352.051, Local Government Code, is |
|
amended by adding Subsection (a-1) to read as follows: |
|
(a-1) This section does not apply to a county subject to |
|
Section 352.052. |
|
SECTION 2. Subchapter C, Chapter 352, Local Government |
|
Code, is amended by adding Section 352.052 to read as follows: |
|
Sec. 352.052. REGULATION OF FIREWORKS IN CERTAIN POPULOUS |
|
COUNTIES. (a) The commissioners court of a county with a |
|
population of more than 1.5 million in which more than 75 percent of |
|
the population lives in a single municipality by order may prohibit |
|
or restrict the sale or use of fireworks in the unincorporated area |
|
of the county. |
|
(b) To facilitate compliance with an order adopted under |
|
Subsection (a), 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) December 15 of each year for each December |
|
fireworks season. |
|
(c) When a county issues an order restricting or prohibiting |
|
the sale or use of 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 fireworks is not |
|
prohibited, and the legislature encourages the 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. The county or a |
|
municipality, individual, business, or corporation is not liable |
|
for injuries or damages resulting from the designation, |
|
maintenance, or use of the safe area. |
|
(d) A person selling fireworks in a county that has adopted |
|
an order prohibiting or restricting the use of fireworks under |
|
Subsection (a) 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 (c) |
|
as a safe area. |
|
(e) An affected party is entitled to injunctive relief to |
|
prevent the violation or threatened violation of a requirement or |
|
prohibition established by an order adopted under this section. |
|
(f) A person commits an offense if the person knowingly or |
|
intentionally violates a prohibition established by an order issued |
|
under this section. An offense under this subsection is a Class C |
|
misdemeanor. |
|
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. |