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  85R3437 DMS-D
 
  By: Rinaldi H.B. No. 1417
 
 
 
A BILL TO BE ENTITLED
 
AN ACT
  relating to the sale of fireworks during and before the Diwali
  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 five days before the first day of Diwali
  and ending at midnight on the last day of Diwali.
         SECTION 2.  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 day during the Texas
  Independence Day, San Jacinto Day, Memorial Day, Fourth of July,
  Diwali, and December fireworks seasons to respond to the request of
  any county for a determination whether drought conditions exist on
  average in the county.
         SECTION 3.  Section 352.051(d), Local Government Code, is
  amended to read as follows:
         (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)  15 days before the beginning of Diwali for the
  Diwali fireworks season; and
               (7)  December 15 of each year for each December
  fireworks season.
         SECTION 4.  This Act takes effect September 1, 2017.