What Are the Texas Fireworks Laws?

LAW BLOG  •

February 1, 2017

Millions of people across the country love the traditions of the Fourth of July, and fireworks are on top of that list. While many enjoy the professional shows, they want to shoot off a few of their own as part of the celebration. For maximum safety, it’s important to know what the fireworks laws are in Texas, as well as the city of Houston.

State Fireworks Laws

Texas regulations don’t just cover when and where a person can use a firework, but include provisions on manufacturing and selling them, as well as conducting professional shows. There are constraints for each, and great concern must be paid to fire safety at all times.

When Can Fireworks be Sold in Texas?

  • June 24th through July 4th and December 20th through January 1st for 4th of July and New Year’s Eve.
  • Each county commissioner’s court can also permit firework sales for:
    • Texas Independence Day (February 25th-March 2nd)
    • San Jacinto Day (April 16th-21st)
    • Memorial Day (the Wednesday before Memorial Day through Memorial Day)
    • If the retail fireworks store is located within 100 miles of the Texas-Mexico border, the store can also sell from May 1st-5th for Cinco de Mayo – as long as the county commissioner’s court approved the sale.
  • It’s illegal to sell or shoot off fireworks within 100 ft. of a place where flammable liquid and/or flammable gasses are sold or stored.
  • It’s illegal to explode or ignite fireworks within 600 feet of any church, hospital, asylum, a licensed child care center, or a public or private primary or secondary school or institution of higher education unless the person receives authorization in writing from that organization.

What Is Required to Sell Fireworks in Texas?

Anyone who wishes to manufacture, distribute, job or import fireworks to be sold or used in Texas must obtain the appropriate license to do so. Further stipulations are as follows:

  • You must be 18 or older to get a license for any of the above, except for the pyrotechnic operator’s license; you must be over 21 to get that.
  • An exam administered by the state fire marshal is required no matter the type of license you are looking to obtain. You receive the results of the exam within 30 days.
  • The fee to get the license varies depending on the type. The fire marshal decides the fee, and these represent maximum amounts:
    • Manufacturer’s license – $1,000
    • Distributor’s license – $1,500
    • Jobber’s license – $1,000
    • Pyrotechnic operator’s license – $100
  • Insurance is required for a public display permit. The amount of coverage needed is stipulated by the fire marshal, but is usually $500,000.

Fireworks Use Laws

The state allows fireworks approved by the Department of Transportation and the Consumer Product Safety Commission. The story is much different in Houston, where fireworks of all kinds are not allowed within the city limits, although some are allowed in the outskirts of Harris County. The fine for doing so could be as high as $2,000, on top of any damage the firework may have caused. Harris County was second only to Tarris County (Ft. Worth) in number of fires caused by fireworks, so it’s crucial that you are safe when using them. If you or a family member have been injured by someone’s negligent use of fireworks, contact a Houston personal injury attorney today.

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