Midland County, TX Fire Regulations: Fireworks (2026)

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 for periods of up to 90 days, but as the Texas Association of Counties notes, §352.081 does not by itself ban fireworks. Midland County's current status (effective October 18, 2023) is not under a burn ban, but the semi-arid Permian Basin climate produces frequent KBDI spikes and the county has imposed multiple bans in recent years. The County Fire Marshal is Justin Bunch, located at 1703 ECR 120, Midland, TX 79706, telephone 432-688-4160. Sale of fireworks is licensed by the State Fire Marshal under Texas Occupations Code Chapter 2154 and 28 TAC Chapter 34. Inside the City of Midland, possession and discharge of fireworks within city limits or within 5,000 feet of city limits is prohibited; violations bring confiscation plus fines up to $2,000 plus court costs. Violation of a county burn-ban order is a Class C misdemeanor with a fine up to $500 (Texas LGC §352.081(h)).