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  H.B. No. 1150
 
 
 
 
AN ACT
  relating to the sale of fireworks on and before certain holidays;
  affecting a provision subject to a criminal penalty.
         BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
         SECTION 1.  Section 2154.202, Occupations Code, is amended
  by amending Subsection (g) and adding Subsection (h) to read as
  follows:
         (g)  Except as provided by Subsection (h), a [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.
         (h)  In addition to the periods during which the sale of
  fireworks is authorized under Subsection (g), the commissioners
  court of a county by order may allow a retail fireworks permit
  holder to sell fireworks in that county only to the public and only
  during one or more of the following periods:
               (1)  beginning February 25 and ending at midnight on
  March 2;
               (2)  beginning April 16 and ending at midnight on April
  21; and
               (3)  beginning the Wednesday before the last Monday in
  May and ending at midnight on the last Monday in May.
         SECTION 2.  Section 352.051(b)(1), Local Government Code, is
  amended to read as follows:
               (1)  The Texas 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 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
  Forest Service shall notify said county or counties when such
  drought conditions no longer exist. The Texas Forest Service shall
  make its services available each day during the Texas Independence
  Day, San Jacinto Day, Memorial Day, Fourth of July, 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) [(2)]  June 15 of each year for the Fourth of July
  fireworks season; and
               (6) [(3)]  December 15 of each year for each December
  fireworks season.
         SECTION 4.  This Act takes effect September 1, 2015.
 
 
  ______________________________ ______________________________
     President of the Senate Speaker of the House     
 
 
         I certify that H.B. No. 1150 was passed by the House on May
  13, 2015, by the following vote:  Yeas 139, Nays 5, 1 present, not
  voting.
 
  ______________________________
  Chief Clerk of the House   
 
 
         I certify that H.B. No. 1150 was passed by the Senate on May
  27, 2015, by the following vote:  Yeas 31, Nays 0.
 
  ______________________________
  Secretary of the Senate    
  APPROVED:  _____________________
                     Date          
   
            _____________________
                   Governor