Bill Text: TX HB412 | 2017-2018 | 85th Legislature | Introduced
Bill Title: Relating to regulation of the retail sale of fireworks.
Spectrum: Partisan Bill (Republican 1-0)
Status: (Introduced - Dead) 2017-02-21 - Referred to State Affairs [HB412 Detail]
Download: Texas-2017-HB412-Introduced.html
| 85R3671 DMS-F | ||
| By: Huberty | H.B. No. 412 | |
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| relating to regulation of the retail sale of fireworks. | ||
| BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS: | ||
| SECTION 1. Section 2154.001(11), Occupations Code, is | ||
| amended to read as follows: | ||
| (11) "Jobber" means a person who purchases fireworks | ||
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| SECTION 2. Section 2154.151(c), Occupations Code, is | ||
| amended to read as follows: | ||
| (c) A licensed manufacturer may sell: | ||
| (1) Fireworks 1.4G only to: | ||
| (A) the public as provided by Section 2154.208; | ||
| and | ||
| (B) a licensed distributor or jobber; and | ||
| (2) Fireworks 1.3G only to a licensed distributor or | ||
| pyrotechnic operator, or to a fireworks public display permit | ||
| holder for use in public fireworks displays in this state. | ||
| SECTION 3. Section 2154.153(a), Occupations Code, is | ||
| amended to read as follows: | ||
| (a) A person must be a licensed jobber if the person stores, | ||
| possesses, and sells Fireworks 1.4G [ |
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| state. | ||
| SECTION 4. Section 2154.202(a), Occupations Code, is | ||
| amended to read as follows: | ||
| (a) Except as authorized under Section 2154.208, a [ |
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| person selling fireworks directly to the public must annually | ||
| obtain a nonrenewable retail fireworks permit for each retail | ||
| location. | ||
| SECTION 5. Subchapter E, Chapter 2154, Occupations Code, is | ||
| amended by adding Section 2154.208 to read as follows: | ||
| Sec. 2154.208. SALE OF FIREWORKS TO PUBLIC BY LICENSED | ||
| MANUFACTURERS, DISTRIBUTORS, AND JOBBERS. (a) A manufacturer, | ||
| distributor, or jobber who holds a license issued under this | ||
| chapter may offer fireworks for retail sale to the public only at a | ||
| location for which the manufacturer, distributor, or jobber obtains | ||
| a retail location permit from the state fire marshal's office. | ||
| (b) A permit issued under this section expires on the date | ||
| the permit holder's manufacturer, distributor, or jobber license, | ||
| as applicable, expires under this chapter. | ||
| (c) The state fire marshal may not collect a permit fee for | ||
| permits issued under this section. The license fees collected | ||
| under Subchapter D cover the cost of administering the permits | ||
| issued under this section. | ||
| (d) A manufacturer, distributor, or jobber who holds a | ||
| retail location permit issued under this section may offer | ||
| fireworks for retail sale to the public at the location specified in | ||
| the permit during the period beginning at 12:01 a.m. two days before | ||
| the beginning date and ending at 11:59 p.m. two days after the | ||
| ending date of each of the following holidays: | ||
| (1) Epiphany; | ||
| (2) The Prophet's Birthday; | ||
| (3) Orthodox Christmas; | ||
| (4) Orthodox New Year; | ||
| (5) National Freedom Day; | ||
| (6) Groundhog Day; | ||
| (7) Tu Bishvat; | ||
| (8) Valentine's Day; | ||
| (9) Mardi Gras; | ||
| (10) Ash Wednesday; | ||
| (11) Chinese New Year; | ||
| (12) Saint David's Day; | ||
| (13) Holi; | ||
| (14) Texas Independence Day; | ||
| (15) Purim; | ||
| (16) Saint Patrick's Day; | ||
| (17) March equinox; | ||
| (18) Palm Sunday; | ||
| (19) Maundy Thursday; | ||
| (20) Good Friday; | ||
| (21) Holy Saturday; | ||
| (22) Passover; | ||
| (23) Easter Sunday; | ||
| (24) Easter Monday; | ||
| (25) National Tartan Day; | ||
| (26) Orthodox Good Friday; | ||
| (27) Yom HaShoah; | ||
| (28) Tax Day; | ||
| (29) San Jacinto Day; | ||
| (30) Yom Ha'atzmaut; | ||
| (31) Loyalty Day; | ||
| (32) Cinco de Mayo; | ||
| (33) Lag b'Omer; | ||
| (34) National Day of Prayer; | ||
| (35) Mother's Day; | ||
| (36) Ascension Day; | ||
| (37) Peace Officers Memorial Day; | ||
| (38) Isra and Miraj; | ||
| (39) Armed Forces Day; | ||
| (40) National Maritime Day; | ||
| (41) Pentecost; | ||
| (42) Shavuot; | ||
| (43) Whit Monday; | ||
| (44) Trinity Sunday; | ||
| (45) Corpus Christi; | ||
| (46) Vesak; | ||
| (47) D-day; | ||
| (48) Flag Day; | ||
| (49) Juneteenth; | ||
| (50) June solstice; | ||
| (51) Father's Day; | ||
| (52) Lailat al-Qadr; | ||
| (53) Eid al-Fitr; | ||
| (54) Tisha B'Av; | ||
| (55) Parents' Day; | ||
| (56) Assumption of Mary; | ||
| (57) National Aviation Day; | ||
| (58) Patriot Day; | ||
| (59) Constitution Day and Citizenship Day; | ||
| (60) National POW/MIA Recognition Day; | ||
| (61) Yom Kippur; | ||
| (62) September equinox; | ||
| (63) Bon Festival; | ||
| (64) Eid al-Adha; | ||
| (65) Native Americans' Day; | ||
| (66) Gold Star Mother's Day; | ||
| (67) Sukkot; | ||
| (68) Feast of Saint Francis of Assisi; | ||
| (69) Shemini Atzeret; | ||
| (70) Child Health Day; | ||
| (71) Simchat Torah; | ||
| (72) Leif Erikson Day; | ||
| (73) Muharram; | ||
| (74) White Cane Safety Day; | ||
| (75) Halloween; | ||
| (76) All Saints' Day; | ||
| (77) All Souls' Day; | ||
| (78) Diwali; | ||
| (79) Hanukkah; | ||
| (80) Pearl Harbor Remembrance Day; | ||
| (81) Feast of the Immaculate Conception; | ||
| (82) Feast of Our Lady of Guadalupe; | ||
| (83) Wright Brothers Day; | ||
| (84) December solstice; | ||
| (85) Christmas Eve; | ||
| (86) President's Day; | ||
| (87) Governor's Day; | ||
| (88) Labor Day; | ||
| (89) Memorial Day; | ||
| (90) Independence Day; | ||
| (91) New Year's Day; and | ||
| (92) Kwanzaa. | ||
| SECTION 6. Section 352.051(b)(1), Local Government Code, is | ||
| amended to read as follows: | ||
| (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 business day [ |
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| of any county for a determination whether drought conditions exist | ||
| on average in the county. | ||
| SECTION 7. Section 352.051(c), Local Government Code, is | ||
| 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 sale or use of restricted fireworks in the unincorporated area | ||
| of the county. In addition, [ |
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| the commissioners court of a county by order may restrict or | ||
| prohibit the sale or use of restricted fireworks in specified 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. | ||
| SECTION 8. Section 352.051(d), Local Government Code, is | ||
| repealed. | ||
| SECTION 9. Not later than December 1, 2017, the state fire | ||
| marshal shall adopt the rules and prescribe the forms necessary to | ||
| implement the changes in law made by this Act. | ||
| SECTION 10. This Act takes effect September 1, 2017. | ||
