Texas Fireworks Laws You Should Know

Texas Fireworks Laws and Safety

Texans love their fireworks, especially around the 4th of July and New Year’s Eve. But before you light that Roman candle or set off bottle rockets in the cul-de-sac, it's important to understand what’s legal, what’s not, and how Texas regulates the booming business of fireworks. Here’s a breakdown of key fireworks laws and safety considerations in the Lone Star State.

When Can You Buy and Sell Fireworks in Texas?

Fireworks sales in Texas are strictly regulated and limited to specific time periods around major holidays. According to Texas Occupations Code § 2154.202, fireworks may legally be sold during these windows:

  1. June 24 – July 4 (Independence Day)
  2. December 20 – January 1 (New Year’s)
  3. February 25 – March 2 (Texas Independence Day)
  4. April 16 – April 21 (San Jacinto Day)
  5. May 1 – May 5 (Cinco de Mayo)

Retailers must be licensed, and selling fireworks outside these periods or without a license may result in significant fines under Occupations Code § 2154.301. While the profession may be seasonal, it's also lucrative. Some Texans reportedly earn six figures selling fireworks just a few weeks out of the year.

What Fireworks Are Legal in Texas?

Texas distinguishes between permitted and restricted fireworks. Generally, non-aerial and non-explosive items such as sparklers and fountains are allowed statewide. However, more powerful fireworks like bottle rockets and Roman candles are typically only legal in unincorporated areas and must comply with local ordinances.

Each county or city can impose stricter regulations. For example:

  1. The City of Houston, City of Austin, and City of Dallas prohibit most fireworks within city limits.
  2. In unincorporated areas, rules vary depending on local fire danger levels and the presence of burn bans.

The best course of action is to contact your local constable's office or sheriff’s department to verify whether fireworks are allowed where you plan to use them.

Age Limits and Safety Concerns

You must be 16 years or older to legally purchase fireworks in Texas. This rule is rarely enforced, but it is enshrined in the Texas Occupations Code. Safety remains a major concern: fireworks cause hundreds of injuries each year. According to state statistics, Texas frequently sees over 900 injuries annually from fireworks mishaps.

To minimize risk:

  1. Never hold bottle rockets or other aerial fireworks in your hand when lighting.
  2. Avoid combining alcohol with fireworks use.
  3. Supervise children closely.
  4. Only buy from licensed vendors and follow all label instructions.

The Bottom Line: Know Before You Light

If you're planning to celebrate with fireworks this year, remember that what’s legal in one part of Texas may be banned in another. Always check local ordinances and burn bans before lighting up the sky. Respect your neighbors, prioritize safety, and don’t assume that just because you bought it, it’s legal to use where you are.

All information provided on Silblawfirm.com (hereinafter "website") is provided for informational purposes only, and is not intended to be used for legal advice. Users of this website should not take any actions or refrain from taking any actions based upon content or information on this website. Users of this site should contact a licensed Texas attorney for a full and complete review of their legal issues.