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Texas Occupations Code - OCC § 2154.202. Retail Fireworks Permit

Current as of January 01, 2024 | Updated by Findlaw Staff

(a) A person selling fireworks directly to the public must annually obtain a nonrenewable retail fireworks permit for each retail location.

(b) The commissioner shall set and collect a retail fireworks permit fee in an amount not to exceed $20.

(c) The commissioner shall provide for the sale of a retail fireworks permit through an Internet website.  A person may purchase a permit on the website.  The Texas Department of Insurance shall post a link to the website on the department's Internet website.

(d) Repealed by Acts 2023, 88th Leg., ch. 832 (H.B. 2259), § 2.

(e) A retail fireworks permit expires on January 31 each year and is not renewable.

(f) Repealed by Acts 2023, 88th Leg., ch. 832 (H.B. 2259), § 2.

<Text of (g) as amended by Acts 2025, 89th Leg., ch. 169 (H.B. 554), § 1.  See, also, text of (g) as amended by Acts 2025, 89th Leg., ch. 673 (H.B. 5084), § 1, and Acts 2025, 89th Leg., ch. 728 (H.B. 1629), § 1. >

(g) Except as provided by Subsection (h), a retail fireworks permit holder may sell fireworks only to the public, and only during periods:

(1) beginning June 14 and ending at midnight on June 19 in a county in which the commissioners court of the county has approved the sale of fireworks during the period;

(2) beginning June 24 and ending at midnight on July 4;

(3) beginning December 20 and ending at midnight on January 1 of the following year;  and

(4) beginning May 1 and ending at midnight on May 5 if the fireworks are sold at a location that is not more than 100 miles from the Texas-Mexico border and that is in a county in which the commissioners court of the county has approved the sale of fireworks during the period.

<Text of (g) as amended by Acts 2025, 89th Leg., ch. 673 (H.B. 5084), § 1.  See, also, text of (g) as amended by Acts 2025, 89th Leg., ch. 169 (H.B. 554), § 1, and Acts 2025, 89th Leg., ch. 728 (H.B. 1629), § 1.>

(g) Except as provided by Subsection (h), a retail fireworks permit holder may sell fireworks only to the public, and only during periods:

(1) beginning June 24 and ending at midnight on July 4;

(2) beginning December 20 and ending at midnight on January 1 of the following year;  

(3) beginning May 1 and ending at midnight on May 5 if the fireworks are sold at a location that is not more than 100 miles from the Texas-Mexico border and that is in a county in which the commissioners court of the county has approved the sale of fireworks during the period;  and

(4) beginning five days before Lunar New Year and ending at midnight on Lunar New Year in a county in which the commissioners court of the county has approved the sale of fireworks during the period.

<Text of (g) as amended by Acts 2025, 89th Leg., ch. 728 (H.B. 1629), § 1.  See, also, text of (g) as amended by Acts 2025, 89th Leg., ch. 169 (H.B. 554), § 1, and Acts 2025, 89th Leg., ch. 673 (H.B. 5084), § 1.>

(g) Except as provided by Subsection (h), a retail fireworks permit holder may sell fireworks only to the public, and only during periods:

(1) beginning June 24 and ending at midnight on July 4;

(2) beginning December 20 and ending at midnight on January 1 of the following year;  and

(3) beginning May 1 and ending at midnight on May 5 if the fireworks are sold at a location that is not more than 150 miles from the Texas-Mexico border and that is in a county in which the commissioners court of the county has approved the sale of fireworks during the period.

<Text of (g-1) expires Sept. 1, 2026 pursuant to its terms.>

(g-1) Notwithstanding Subsection (g), a retail fireworks permit holder may sell fireworks only to the public during the period beginning at 12:01 a.m. on July 5, 2026, and ending at 11:59 p.m. on July 5, 2026.  This subsection expires September 1, 2026.

(h) In addition to the periods during which the sale of fireworks is authorized under Subsection (g), the commissioners court of a county by order may allow a retail fireworks permit holder to sell fireworks in that county only to the public and only during one or more of the following periods:

(1) beginning February 25 and ending at midnight on March 2;

(2) beginning April 16 and ending at midnight on April 21;

(3) beginning the Wednesday before the last Monday in May and ending at midnight on the last Monday in May;  and

(4) beginning five days before the first day of Diwali and ending at midnight on the last day of Diwali.

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Cite this article: FindLaw.com - Texas Occupations Code - OCC § 2154.202. Retail Fireworks Permit - last updated January 01, 2024 | https://codes.findlaw.com/tx/occupations-code/occ-sect-2154-202/

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