Texas Statewide Rule

Texas Limits Local Fireworks Authority Statewide

Light RestrictionsApplies statewide across Texas (2026)

Key Facts

Statutes: TX Occ. Code 2154; Loc. Gov't Code 352
Regulator: State Fire Marshal
Sale seasons: June/July & Dec/Jan
Drought bans: Commissioners court order

Last verified: September 5, 2026Source: Texas Statutes

Summary

Texas Occupations Code Chapter 2154 governs fireworks sales and use, while Local Government Code Chapter 352 limits how counties can restrict consumer fireworks during drought. The State Fire Marshal licenses retailers across Texas.

Upon a determination under this section that drought conditions exist on average in a specified county, the commissioners court of the county by order may prohibit or restrict the sale or use of restricted fireworks in the unincorporated area of the county. In addition, during the December fireworks season, the commissioners court of a county by order may restrict or prohibit the sale or use of restricted fireworks in specified areas when conditions on rural acreage in the county not under cultivation for a period of at least 12 months are determined to be extremely hazardous for the danger of fire because of high grass or dry vegetation.

Source: Texas StatutesView official code

Full Breakdown

Texas Occupations Code Chapter 2154 (the Texas Fireworks Law) places licensing of fireworks manufacturers, distributors, jobbers, and retailers under the State Fire Marshal's Office. Consumer 'Fireworks 1.4G' may be sold during defined seasons (June 24–July 4 and December 20–January 1, with limited additional periods). Local Government Code 352.051 caps county authority: the commissioners court may by order restrict 'restricted fireworks', skyrockets with sticks and missiles with fins, when the Keetch-Byram Drought Index reaches 575, and home-rule cities may regulate use within city limits, but neither can override state licensing or the statutory selling seasons. Sales remain federal-style 1.4G consumer items only.

Violations & Penalties

Selling fireworks without a license or outside legal seasons is generally a Class B misdemeanor under Occupations Code 2154.303; minor use violations causing under $200 property damage are Class C. Each day is a separate offense.

Frequently Asked Questions

Can my Texas city ban all fireworks?

Cities can restrict use of fireworks within city limits and many do, but they cannot override the state licensing scheme or the statutory selling seasons regulated by the State Fire Marshal.

Why are aerial fireworks sometimes banned in my county?

Under Local Government Code 352.051, the county commissioners court may by order prohibit restricted fireworks, skyrockets with sticks and missiles with fins, when the Keetch-Byram Drought Index shows drought conditions.

Sources

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