Texas Statewide Rule

Texas Limits Local Fireworks Authority Statewide

Some RestrictionsApplies statewide across Texas (2026)

Texas Occupations Code Chapter 2154 governs fireworks sales and use, while Health & Safety Code Chapter 352 limits how cities and counties can restrict consumer fireworks. The State Fire Marshal licenses retailers across Texas.

Key Facts

Statutes: TX Occ. Code 2154; HSC 352
Regulator: State Fire Marshal
Sale seasons: June/July & Dec/Jan
Drought bans: County-judge order

Source: Texas Statutes

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). Health & Safety Code Chapter 352 caps city and county authority: counties may restrict aerial fireworks during drought conditions through county-judge orders, 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, selling outside legal seasons, or violating local-use ordinances can carry administrative fines, license revocation, and Class C misdemeanor penalties.

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 HSC 352.051, a county judge may temporarily prohibit the sale or use of restricted fireworks (those with fins or sticks) when drought conditions reach a defined threshold.

Sources

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Full Breakdown

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 HSC 352.051, a county judge may temporarily prohibit the sale or use of restricted fireworks (those with fins or sticks) when drought conditions reach a defined threshold.