Sparklers and Statutes: Your Legal Guide to Holiday Fireworks

Today, June 2^nd, marks the final day of the Texas Legislature’s session, meaning Texas is safe for another two years.  This day also marks 72 years since Queen Elizabeth II was crowned Queen. In 32 days, we can shoot off fireworks celebrating the 4^th of July and our independence from British rule, and in doing so, frighten dogs and violate local ordinances to try to celebrate our independence from local authority. But can you fire fireworks at any other time?

Texas allows counties and cities to regulate fireworks through the Texas Occupations Code Chapter 2154.  The Occupations Code empowers the Texas Insurance Commissioner to administer fireworks laws.  Texas regulates what fireworks are and when fireworks may be sold. Soaking cottonwood tree seed pods with stems in gasoline and then playing flaming hand grenade war is not a firework. I know that sounds oddly specific. Statewide, you may purchase fireworks from June 24^th to midnight of July 4^th, for Independence Day, and then December 20^th to midnight of January 1^st for New Year’s Eve.

If you are not more than 100 miles from the Texas-Mexico border, you can sell fireworks from May 1^st to midnight of May 5^th for Cinco de Mayo.  Without reading further, can you guess the other 4 times you can sell or purchase fireworks?  Bonus points if you can pinpoint the dates.

If your county commissioners court approves, to celebrate Texas Independence Day, you may purchase fireworks from February 25^th  to midnight of March 2^nd.  For San Jacinto Day, you may purchase from April 16^th to midnight of April 21^st.  For the just-passed Memorial Day, you could have purchased from the Wednesday before the last Monday in May to midnight on the last Monday in May.

In 2023, the Texas Department of Insurance added another time to sell fireworks.  From November 7^th to midnight of November 15^th, you can legally buy fireworks to celebrate the Hindu Holiday of Diwali.  Also known as the Festival of Lights, Diwali is India’s biggest holiday, with San Antonio hosting one of the largest annual celebrations in the United States.

Texas also regulates where fireworks may be sold. You cannot use fireworks within 100 feet of a place where flammable liquid or flammable gasses or sold or stored, or where fireworks are sold or within 600 feet of any church, hospital, asylum, a licensed childcare center or a public or private primary or secondary school or institution of higher education unless that person received authorization in writing from that organization.  You may not shoot fireworks at a motor vehicle or from a motor vehicle (Texas Occupation Code, 2154.251).

Texas has established the baseline.  Section 2154.004(b) states that “this chapter does not limit or restrict the authority of a county, where specifically authorized by law, or municipality to enact an ordinance or order prohibiting or further regulating fireworks.”  Therefore, while the county may allow the sale of fireworks for San Jacinto Day, the city can prohibit their use within city limits.  If you are in possession of illegal fireworks, those fireworks can be seized.  In Houston, its illegal to discharge fireworks in the city limits and in limited purpose annexations areas. You may transport fireworks under certain conditions (see HB1813). You may be fined $500-$2000 for each individual firework. If a minor violates the law, the parents will receive the citation.

Have fun in 32 days.

Please do not rely on this article as legal advice. We can tell you what the law is, but until we know the facts of your given situation, we cannot provide legal guidance. This website is for informational purposes and not for the purposes of providing legal advice.