Jefferson County Commissioners Court may restrict 'restricted fireworks' (skyrockets with sticks and missiles with fins) in the unincorporated county under Texas Local Government Code §352.051 when the Texas A&M Forest Service certifies a Keetch-Byram Drought Index of 575 or greater. Jefferson County Judge Jeff Branick issued a 90-day burn ban effective February 26, 2026 under TX LGC §352.081, which had been lifted by April 2026. Burn bans do not by themselves outlaw fireworks; a separate §352.051 fireworks order is required. State sales licensing is governed by Texas Occupations Code Chapter 2154.
Texas counties have only the limited fireworks authority granted by Texas Local Government Code §352.051. Upon a determination by the Texas A&M Forest Service that drought conditions exist (KBDI of 575 or greater on average) during a designated fireworks season — Texas Independence Day, San Jacinto Day, Memorial Day, Fourth of July, Diwali, or December — the Commissioners Court by order may prohibit or restrict the sale or use of 'restricted fireworks,' defined as skyrockets with sticks and missiles with fins. The order expires when drought conditions no longer exist, and the county may designate safe areas for use. A separate statute, Texas Local Government Code §352.081, authorizes commissioners-court burn bans on outdoor combustible burning, but §352.081 does not by itself ban fireworks. Jefferson County Judge Jeff Branick issued a 10-day burn ban effective February 10, 2026, followed by a 90-day burn ban effective 11:59 a.m. February 26, 2026 prohibiting outdoor burning of debris in unincorporated Jefferson County; the ban had been lifted by early April 2026. Sale of fireworks is licensed by the State Fire Marshal under Texas Occupations Code Chapter 2154 and 28 TAC Chapter 34. Violation of a county burn-ban order is a Class C misdemeanor with a fine up to $500 (Texas LGC §352.081(h)). Inside Beaumont, Port Arthur, Nederland, Port Neches, and Groves city limits, local ordinances generally prohibit fireworks year-round.
Violation of a Jefferson County burn ban order: Class C misdemeanor, fine up to $500 (TX LGC §352.081(h)). Violation of a §352.051 fireworks order during drought: Class C misdemeanor, fine up to $500. Reckless conduct that causes a wildfire may be prosecuted as arson under Texas Penal Code §28.02 (felony, fines up to $10,000). Inside city limits — Beaumont, Port Arthur, Nederland, Port Neches, Groves — local ordinances generally prohibit fireworks year-round; check city rules before discharging.
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