CHAPTER 2154. REGULATION OF FIREWORKS AND FIREWORKS DISPLAYS

State Codes and Statutes

Statutes > Texas > Occupations-code > Title-13-sports-amusements-and-entertainment > Chapter-2154-regulation-of-fireworks-and-fireworks-displays

OCCUPATIONS CODE

TITLE 13. SPORTS, AMUSEMENTS, AND ENTERTAINMENT

SUBTITLE D. OTHER AMUSEMENTS AND ENTERTAINMENT

CHAPTER 2154. REGULATION OF FIREWORKS AND FIREWORKS DISPLAYS

SUBCHAPTER A. GENERAL PROVISIONS

Sec. 2154.001. DEFINITIONS. In this chapter:

(1) "Commissioner" means the commissioner of insurance of Texas.

(2) "Department" means the United States Department of

Transportation.

(3) "Distributor" means a person who:

(A) imports fireworks into this state; or

(B) sells fireworks to:

(i) a jobber, retailer, or other distributor for resale; or

(ii) a holder of a single public display permit, a multiple

public display permit, or another fireworks permit.

(4) "Fire prevention officer" means a chief of a fire

department, a fire marshal, a county fire marshal, a sheriff, a

constable, another local enforcement officer primarily

responsible for fire prevention, or, if there is no local fire

authority, the state fire marshal.

(5) "Fireworks" means a composition or device:

(A) designed for entertainment to produce a visible or audible

effect by combustion, explosion, deflagration, or detonation; and

(B) defined by 49 C.F.R. Section 173.56(j) (1996).

(6) "Fireworks 1.3G" means a large fireworks device:

(A) primarily designed to produce visible or audible effects by

combustion, deflagration, or detonation; and

(B) classified as a 1.3G explosive by the department in 49

C.F.R. Part 173 (1996).

(7) "Fireworks 1.4G" means a small fireworks device:

(A) primarily designed to produce visible or audible effects by

combustion, deflagration, or detonation;

(B) that complies with the construction, labeling, and chemical

composition requirements of the United States Consumer Product

Safety Commission in 16 C.F.R. Part 1507 (1996), or the most

recently adopted version of that rule; and

(1996).

(8) "Illegal fireworks" means a fireworks device manufactured,

distributed, or sold in violation of this chapter.

(9) "Indoor or proximate display" means a pyrotechnic display

involving the ignition of Fireworks 1.3G or Fireworks 1.4G for

public amusement where an audience is closer to the pyrotechnic

devices than permitted by NFPA 1123 Code of Fireworks Display.

The term does not include the use of Fireworks 1.4G by a retail

consumer for private or personal amusement.

(10) "Insurance agent" means:

(A) a person, firm, or corporation licensed under Subchapter B,

C, D, or E, Chapter 4051, or Chapter 981, Insurance Code;

(B) a salaried, state, or special agent; and

created by a city, county, or other political subdivision of the

state under Chapter 791, Government Code.

(11) "Jobber" means a person who purchases fireworks only for

resale to retailers.

(12) "Manufacturer" means a person, firm, corporation, or

association who makes fireworks.

(13) "Person" means an individual or entity, including an owner,

manager, officer, employee, or occupant.

(14) "Public display" means the igniting of Fireworks 1.3G for

public or private amusement.

(15) "Pyrotechnic operator" means an individual who, by

experience, training, and examination, has demonstrated the

necessary skill and ability for safely assembling, discharging,

and supervising public displays of Fireworks 1.3G or Fireworks

1.4G.

(16) "Pyrotechnic special effects operator" means an individual

who, by experience, training, and examination, has demonstrated

the necessary skill and ability for safely assembling,

discharging, and supervising proximate displays of Fireworks 1.3G

or Fireworks 1.4G.

(17) "Retailer" means a person who purchases fireworks for

resale only to the general public.

(18) "Sale" means selling or offering for sale merchandise,

equipment, or service, at wholesale or retail, to the public or

to any person, for an agreed sum of money or other consideration.

(19) "State fire marshal" means the chief law enforcement

officer of the state charged with the responsibility of fire

prevention.

Acts 1999, 76th Leg., ch. 388, Sec. 1, eff. Sept. 1, 1999.

Amended by Acts 2003, 78th Leg., ch. 1276, Sec. 10A.549, eff.

Sept. 1, 2003.

Amended by:

Acts 2005, 79th Leg., Ch.

728, Sec. 11.154, eff. September 1, 2005.

Sec. 2154.002. EXEMPTIONS. This chapter does not apply to:

(1) a toy pistol, toy cane, toy gun, or other device that uses

paper or plastic caps in sheets, strips, rolls, or individual

caps that contain not more than an average of 25 hundredths of a

grain of explosive composition per cap and that is packed and

shipped under 49 C.F.R. Part 173 (1996);

(2) a model rocket or model rocket motor designed, sold, and

used to propel recoverable aero models;

(3) a propelling or expelling charge consisting of a mixture of

sulfur, charcoal, and potassium nitrate;

(4) novelties or trick noisemakers;

(5) the sale, at wholesale, of any type of fireworks by a

resident manufacturer, distributor, importer, or jobber if the

fireworks are intended for shipment directly out of state under

department regulations;

(6) the sale or use of, in emergency situations, pyrotechnic

signaling devices or distress signals for marine, aviation, or

highway use;

(7) the use of a fusee or a railway torpedo by a railroad;

(8) the sale of blank cartridges for:

(A) use in a radio, television, film, or theater production;

(B) a signal or ceremonial purpose in an athletic event; or

(9) the use of a pyrotechnic device by a military organization.

Acts 1999, 76th Leg., ch. 388, Sec. 1, eff. Sept. 1, 1999.

Sec. 2154.003. PERMISSIBLE FIREWORKS. (a) Except as provided

by Subsection (b), Fireworks 1.4G are permissible fireworks.

(b) The following are not permissible fireworks:

(1) sky rockets or "bottle rockets" with:

(A) a total propellant charge of less than four grams;

(B) a casing size of less than five-eighths of an inch for the

outside diameter and less than 3-1/2 inches in length; and

and

(2) other fireworks determined not acceptable by the United

States Consumer Product Safety Commission.

the advertisement or sale of fireworks.

(d) In addition to the items described by Subsection (b), pop

rockets with a propellant casing length of less than five inches,

an exterior diameter of less than three-fourths of an inch, and

an overall total rocket length of less than 26 inches are not

permissible fireworks.

Acts 1999, 76th Leg., ch. 388, Sec. 1, eff. Sept. 1, 1999.

Amended by:

Acts 2007, 80th Leg., R.S., Ch.

1179, Sec. 1, eff. January 2, 2008.

Sec. 2154.004. EFFECT OF CHAPTER ON LOCAL REGULATION. (a) A

municipal or county ordinance, order, or rule in effect on

January 2, 1986, is not invalidated by this chapter.

(b) This chapter does not limit or restrict the authority of a

county, where specifically authorized by law, or municipality to

enact an ordinance or order prohibiting or further regulating

fireworks.

Acts 1999, 76th Leg., ch. 388, Sec. 1, eff. Sept. 1, 1999.

SUBCHAPTER B. COMMISSIONER'S POWERS AND DUTIES

Sec. 2154.051. COMMISSIONER'S POWERS AND DUTIES. (a) The

commissioner shall:

(1) determine reasonable criteria and qualifications for

licenses and permits;

(2) set license and permit fees;

(3) determine the qualifications and examination requirements

for pyrotechnics operators; and

(4) establish a procedure for reporting and processing

complaints.

(b) The commissioner may, after notice and opportunity for

hearing, increase or decrease the limits of insurance coverage.

Acts 1999, 76th Leg., ch. 388, Sec. 1, eff. Sept. 1, 1999.

Sec. 2154.052. RULES. (a) The commissioner:

(1) shall administer this chapter through the state fire

marshal; and

(2) may issue rules to administer this chapter in compliance

with Section 2154.054.

(b) The commissioner shall adopt and the state fire marshal

shall administer rules the commissioner considers necessary for

the protection, safety, and preservation of life and property,

including rules regulating:

(1) the issuance of licenses and permits to persons engaged in

manufacturing, selling, storing, possessing, or transporting

fireworks in this state;

(2) the conduct of public fireworks displays; and

(3) the safe storage of Fireworks 1.3G and Fireworks 1.4G.

licenses and permits.

(d) In adopting a rule, the commissioner may use standards

recognized by federal law or regulation and standards published

by a nationally recognized standards-making organization.

(e) A rule may not be adopted under this chapter that is more

restrictive than a rule in effect on September 1, 1998, without

specific statutory authority.

Acts 1999, 76th Leg., ch. 388, Sec. 1, eff. Sept. 1, 1999.

Sec. 2154.053. RULES RESTRICTING ADVERTISING OR COMPETITIVE

BIDDING. (a) The commissioner may not adopt rules restricting

advertising or competitive bidding by a license or permit holder

under this chapter except to prohibit false, misleading, or

deceptive practices.

(b) The commissioner may not include in the rules to prohibit

false, misleading, or deceptive practices a rule that:

(1) restricts the use of any advertising medium;

(2) restricts the holder's personal appearance or the use of a

holder's voice in an advertisement;

(3) relates to the size or duration of an advertisement by the

holder; or

(4) restricts the holder's advertisement under a trade name.

Acts 1999, 76th Leg., ch. 388, Sec. 1, eff. Sept. 1, 1999.

Sec. 2154.054. ADVISORY COUNCIL. (a) The commissioner shall

establish an advisory council to assist the commissioner in

administering this chapter.

(b) The council is composed of five members as follows:

(1) four members who are representatives from the fireworks

industry; and

(2) one member who is a representative of a county fire

marshal's office and who has at least five years of experience as

a county fire marshal.

individuals for appointment to the council:

(1) the Texas Pyrotechnic Association or the Texas Fireworks

Association for appointments under Subsection (b)(1); and

(2) the Texas Fire Marshal's Association for an appointment

under Subsection (b)(2).

(d) A council member serves at the will of the commissioner.

(e) The council shall periodically review rules relating to this

chapter and recommend changes in the rules to the commissioner.

(f) Notwithstanding Section 2001.031, Government Code, the

commissioner shall submit all proposed changes and additions to

the rules that relate to administration of this chapter to the

council for development. If the commissioner does not approve a

rule developed by the council, the commissioner shall indicate to

the council the reasons that the commissioner did not approve the

rule and return the rule to the council for further development.

Acts 1999, 76th Leg., ch. 388, Sec. 1, eff. Sept. 1, 1999.

Amended by:

Acts 2007, 80th Leg., R.S., Ch.

1179, Sec. 2, eff. June 15, 2007.

Sec. 2154.055. FIREWORKS SAFETY AND EDUCATION PROGRAM. (a) The

commissioner shall establish a fireworks safety and education

program.

(b) The program:

(1) shall provide information relating to the proper and safe

use of fireworks and the dangers of the improper use of

fireworks; and

(2) may include any method of communicating the need for safe

use of fireworks and the dangers of improper use.

established under Section 2154.054. The commissioner must approve

a program that the advisory council proposes to present.

(d) To fund the program, in addition to any other license or

permit fees:

(1) the holder of a retail permit issued under Section 2154.202

shall pay, on issuance or renewal of the permit, a fee in the

amount of $10; and

(2) the holder of a manufacturer's, distributor's, or jobber's

license issued under Section 2154.151, 2154.152, or 2154.153

shall pay, on issuance or renewal of the license, a fee in the

amount of $250.

(e) Money collected under Subsection (d) may be used only by the

commissioner for the purposes of this section.

Added by Acts 2001, 77th Leg., ch. 1420, Sec. 14.708(a), eff.

Sept. 1, 2001.

SUBCHAPTER C. LICENSE REQUIREMENTS

Sec. 2154.101. GENERAL REQUIREMENTS. (a) A person must obtain

an appropriate license to:

(1) engage in the business of manufacturing, distributing,

jobbing, or importing fireworks to be sold or used in this state;

(2) supervise or conduct public fireworks displays.

(b) A person who is younger than 21 years of age may not be

issued a pyrotechnic operator's license. The minimum age of a

person issued another license under Subchapter D is 18 years of

age.

(1) transfer a license; or

(2) obtain or attempt to obtain a license by fraudulent

representation.

(d) A person may not alter or deface a license. An altered or

defaced license is void.

Acts 1999, 76th Leg., ch. 388, Sec. 1, eff. Sept. 1, 1999.

Sec. 2154.102. WAIVER OF EXAMINATION REQUIREMENT. The

commissioner may waive an examination requirement for an

applicant with a valid license from another state if, in the

commissioner's opinion, the license requirements of the other

state are substantially equivalent to those of this state.

Acts 1999, 76th Leg., ch. 388, Sec. 1, eff. Sept. 1, 1999.

Sec. 2154.1025. STATE FIRE MARSHAL'S AUTHORITY REGARDING

EXAMINATIONS; RULES. (a) The state fire marshal shall establish

the scope and type of an examination required under this chapter.

(b) The state fire marshal may administer the examination or may

enter into an agreement with a testing service.

implement examination requirements under this chapter.

Added by Acts 2003, 78th Leg., ch. 1014, Sec. 7, eff. June 20,

2003.

Sec. 2154.1026. USE OF TESTING SERVICE FOR EXAMINATION. (a) If

a testing service is used, the state fire marshal may contract

with the testing service regarding requirements for the

examination required by this chapter, including examination

development, scheduling, site arrangements, grading, reporting,

analysis, or other administrative duties.

(b) The state fire marshal may require the testing service to:

(1) correspond directly with an applicant regarding the

administration of the examination;

(2) collect a reasonable fee from an applicant for administering

the examination; or

(3) administer the examination at a specific location or time.

Added by Acts 2003, 78th Leg., ch. 1014, Sec. 7, eff. June 20,

2003.

Sec. 2154.103. EXAMINATION RESULTS. (a) The state fire marshal

shall notify each examinee of the results of the examination not

later than the 30th day after the date an examination is

administered.

(b) If the examination is conducted, graded, or reviewed by a

testing service, the state fire marshal shall notify the examinee

of the result of the examination not later than the 14th day

after the date the state fire marshal receives the result from

the testing service.

longer than 90 days after the examination date, the state fire

marshal shall notify the examinee of the reason for the delay

before the 90th day.

(d) If requested in writing by a person who fails the licensing

examination, the state fire marshal shall send the person an

analysis of the person's performance on the examination.

(e) The state fire marshal may require a testing service to

notify a person of the results of the person's examination.

Acts 1999, 76th Leg., ch. 388, Sec. 1, eff. Sept. 1, 1999.

Amended by Acts 2003, 78th Leg., ch. 1014, Sec. 8, eff. June 20,

2003.

Sec. 2154.104. DUPLICATE LICENSE; LICENSE CHANGES. A person

must be charged a fee in an amount not to exceed $20 for a

duplicate license issued by the commissioner and for any

requested change to a license.

Acts 1999, 76th Leg., ch. 388, Sec. 1, eff. Sept. 1, 1999.

Sec. 2154.105. LICENSE EXPIRATION DATE. (a) The commissioner

by rule may provide for different expiration dates for the

various types of licenses.

(b) If the expiration date of a license is less than one year

from the date of its issuance or anniversary date, the license

fee shall be prorated on the basis of the number of months during

which the license is valid. The total annual fee is payable each

time the license is renewed.

Acts 1999, 76th Leg., ch. 388, Sec. 1, eff. Sept. 1, 1999.

Sec. 2154.106. LICENSE RENEWAL. (a) A license holder may renew

an unexpired license by paying the required renewal fee to the

state fire marshal any time before the license expires.

(b) Not later than the 30th day before the expiration date of a

license, the state fire marshal shall send written notice of the

impending license expiration to the license holder at the license

holder's last known address.

may renew the license by paying to the state fire marshal the

required annual fee and an additional amount equal to one-half of

the original license fee.

(d) A person whose license has been expired for more than 90

days but less than two years may renew the license by paying to

the state fire marshal all unpaid annual fees and an additional

amount equal to the original license fee.

(e) A person may not renew a license that has been expired for

two years or more. The person may obtain a new license by

complying with the requirements and procedures for obtaining an

original license.

(f) This section does not prevent the state fire marshal from

denying or refusing to renew a license for any reason provided by

law or the rules of the commissioner.

Acts 1999, 76th Leg., ch. 388, Sec. 1, eff. Sept. 1, 1999.

SUBCHAPTER D. TYPES OF LICENSES

Sec. 2154.151. MANUFACTURER'S LICENSE. (a) A person

manufacturing, storing, possessing, and selling fireworks

constructed by that person must have a manufacturer's license.

(b) The commissioner shall set and collect an annual

manufacturer's license fee in an amount not to exceed $1,000.

(1) Fireworks 1.4G only to a licensed distributor or jobber; and

(2) Fireworks 1.3G only to a licensed distributor or pyrotechnic

operator, or to a fireworks public display permit holder for use

in public fireworks displays in this state.

(d) A licensed manufacturer may manufacture, store, possess, and

sell an item other than a permissible firework if the item is

only for sale and delivery to authorized persons in a state in

which the item is permissible.

(e) A licensed manufacturer may be required to submit samples of

all fireworks to the state fire marshal for approval.

Acts 1999, 76th Leg., ch. 388, Sec. 1, eff. Sept. 1, 1999.

Sec. 2154.152. DISTRIBUTOR'S LICENSE. (a) A person must be a

licensed distributor if the person:

(1) imports into this state or stores, possesses, and sells

Fireworks 1.3G to a licensed pyrotechnic operator or distributor

or to a single public display, multiple public display, or

agricultural, industrial, and wildlife control fireworks permit

holder; or

(2) imports or stores, possesses, and sells Fireworks 1.4G to a

licensed jobber, retailer, or distributor in this state.

(b) The commissioner shall set and collect an annual

distributor's license fee in an amount not to exceed $1,500.

Acts 1999, 76th Leg., ch. 388, Sec. 1, eff. Sept. 1, 1999.

Sec. 2154.153. JOBBER'S LICENSE. (a) A person must be a

licensed jobber if the person stores, possesses, and sells

Fireworks 1.4G only to retailers in this state.

(b) The commissioner shall set and collect an annual jobber's

license fee in an amount not to exceed $1,000.

Acts 1999, 76th Leg., ch. 388, Sec. 1, eff. Sept. 1, 1999.

Sec. 2154.154. PYROTECHNIC OPERATOR'S LICENSE. (a) A person

must be a licensed pyrotechnic operator if the person assembles,

conducts, and supervises public fireworks displays using

Fireworks 1.3G.

(b) The commissioner shall set and collect an annual pyrotechnic

operator's license fee in an amount not to exceed $100.

must take and pass an examination, if required, conducted by the

commissioner through the state fire marshal's office.

(d) Unless the examination is administered by a testing service,

a person shall be charged a nonrefundable initial examination fee

in an amount not to exceed $50. Unless the reexamination is

administered by a testing service, a person shall be charged a

nonrefundable fee in an amount not to exceed $20 for each

reexamination.

Acts 1999, 76th Leg., ch. 388, Sec. 1, eff. Sept. 1, 1999.

Amended by Acts 2003, 78th Leg., ch. 1014, Sec. 9, eff. June 20,

2003.

Sec. 2154.155. PYROTECHNIC SPECIAL EFFECTS OPERATOR'S LICENSE.

(a) A person must be a licensed pyrotechnic special effects

operator if the person assembles, conducts, and supervises

proximate displays using Fireworks 1.3G or Fireworks 1.4G as

defined in NFPA 1126 Standard of the Use of Pyrotechnics Before a

Proximate Audience.

(b) The commissioner shall set and collect an annual pyrotechnic

special effects operator's license fee in an amount not to exceed

$100.

license, a person must take and pass an examination, if required,

conducted by the commissioner through the state fire marshal's

office.

(d) Unless the examination is administered by a testing service,

a person shall be charged a nonrefundable initial examination fee

in an amount not to exceed $50. Unless the reexamination is

administered by a testing service, a person shall be charged a

nonrefundable fee in an amount not to exceed $20 for each

reexamination.

Acts 1999, 76th Leg., ch. 388, Sec. 1, eff. Sept. 1, 1999.

Amended by Acts 2003, 78th Leg., ch. 1014, Sec. 10, eff. June 20,

2003.

Sec. 2154.156. FLAME EFFECTS OPERATOR'S LICENSE. (a) A person

must be a licensed flame effects operator if the person

assembles, conducts, or supervises flame effects under Section

2154.253.

(b) The commissioner shall set and collect an annual flame

effects operator's license fee in an amount not to exceed $100.

must take and pass an examination and comply with any other

requirements set by the commissioner through the state fire

marshal's office.

(d) A person shall be charged a nonrefundable initial

examination fee in an amount not to exceed $30. A person shall be

charged a nonrefundable fee in an amount not to exceed $20 for

each reexamination.

Added by Acts 2003, 78th Leg., ch. 872, Sec. 2, eff. Sept. 1,

2003.

SUBCHAPTER E. PERMIT REQUIREMENTS

Sec. 2154.201. GENERAL REQUIREMENTS. (a) A person who is

younger than 21 years of age may not be issued a public fireworks

display permit. A person who is younger than 18 years of age may

not be issued another permit under this subchapter.

(b) A person may not:

(1) transfer a permit issued under this subchapter; or

(2) obtain or attempt to obtain a permit under this subchapter

by fraudulent representation.

defaced permit is void.

Acts 1999, 76th Leg., ch. 388, Sec. 1, eff. Sept. 1, 1999.

Sec. 2154.202. RETAIL FIREWORKS PERMIT. (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.

manufacturer, distributor, or jobber or from the state fire

marshal's office.

(d) A licensed manufacturer, distributor, or jobber may obtain

retail fireworks permits from the commissioner at any time. The

commissioner shall provide permits in books containing 20 permits

each. Each permit must be clearly printed with the year, date,

and permit number. The manufacturer, distributor, or jobber shall

keep a record of all permits issued and shall submit the record

to the commissioner through the state fire marshal in the manner

required by the commissioner.

(e) A retail fireworks permit expires on January 31 each year

and is not renewable.

(f) An outdated permit may be exchanged for a current permit

only in the year following the permit's expiration.

(g) 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 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.

Acts 1999, 76th Leg., ch. 388, Sec. 1, eff. Sept. 1, 1999.

Amended by:

Acts 2007, 80th Leg., R.S., Ch.

1179, Sec. 3, eff. June 15, 2007.

Sec. 2154.203. AGRICULTURAL, INDUSTRIAL, AND WILDLIFE CONTROL

PERMIT. (a) The commissioner shall set and collect a permit fee

in an amount not to exceed $50 for a permit to use Fireworks 1.3G

for agricultural, industrial, or wildlife control purposes.

(b) The applicant must specify the exact purpose for which the

fireworks are to be used before a permit may be issued.

not renewable.

Acts 1999, 76th Leg., ch. 388, Sec. 1, eff. Sept. 1, 1999.

Sec. 2154.204. PUBLIC DISPLAY PERMIT. (a) The commissioner

shall set and collect a permit fee in an amount not to exceed $50

for a Fireworks 1.3G single public display permit. The permit

shall be obtained from the commissioner through the state fire

marshal.

(b) A single public fireworks display permit is valid for only

one public fireworks display to be held during the hours and on

the date or alternate date, if provided, stated on the permit and

is not renewable.

location may be issued a multiple public display permit. The

commissioner shall set and collect an annual multiple public

display permit fee in an amount not to exceed $400.

(d) The holder of a multiple public display permit is not

required to obtain a single public display permit. A multiple

public display permit is valid for one year from the date of

issuance and is not renewable.

(e) This chapter does not limit the authority of the state fire

marshal to inspect the location of the display or to require

appropriate fire protection measures.

(f) The commissioner shall adopt by reference the provisions of:

(1) NFPA 1123, Code for Fireworks Display, 1995 Edition, as

rules governing public displays; and

(2) NFPA 1126, Standards for the Use of Pyrotechnics Before a

Proximate Audience, 1996 Edition, as rules governing indoor

displays.

Acts 1999, 76th Leg., ch. 388, Sec. 1, eff. Sept. 1, 1999.

Sec. 2154.205. INSURANCE REQUIREMENT FOR PUBLIC DISPLAY PERMIT.

(a) In addition to any other requirements, an applicant for a

public display permit must submit to the state fire marshal

evidence of a general liability insurance policy in an amount of

not less than $500,000 unless the commissioner increases or

decreases the amount under Section 2154.051. A multiple public

display permit or single public display permit may not be issued

without evidence of general liability insurance as required by

this section.

(b) The policy shall be conditioned to pay the amount of money

the insured becomes obligated to pay as damages because of bodily

injury and property damage caused by an occurrence involving the

insured or the insured's servant, officer, agent, or employee in

the conduct of a public fireworks display.

section must be in the form of a certificate of insurance issued

by an insurer authorized to do business in this state and

countersigned by an insurance agent licensed in this state.

(d) A certificate of insurance for surplus lines coverage

obtained under Chapter 981, Insurance Code, through a licensed

Texas surplus lines agent resident in this state may be filed

with the commissioner as evidence of coverage required by this

section.

(e) An insurer may not cancel a certificate of insurance issued

under this section unless the insurer gives the state fire

marshal notice of intent to cancel as required by the

commissioner.

(f) This section may be satisfied by a city, county, or other

political subdivision presenting proof of its participation in a

self-insurance fund or other fund created under Chapter 791,

Government Code, covering the liability requirements under this

chapter.

Acts 1999, 76th Leg., ch. 388, Sec. 1, eff. Sept. 1, 1999.

Amended by Acts 2003, 78th Leg., ch. 1276, Sec. 10A.550, eff.

Sept. 1, 2003.

Sec. 2154.206. INSPECTION OF PUBLIC FIREWORKS DISPLAY. (a) In

this section, "appropriate fire prevention officer" means a

person with fire prevention authority in a particular

jurisdiction.

(b) A person planning to make a public fireworks display shall

submit, under rules adopted by the commissioner, a written

application to the state fire marshal for a permit.

approved by the state fire marshal, shall make a site

investigation to determine whether a proposed fireworks display

is of a nature or in a location that may be hazardous to property

or dangerous to any person. The officer may, in the exercise of

reasonable discretion, approve or disapprove the display site and

may impose reasonable conditions on the display.

(d) After inspecting the proposed display site, the fire

prevention officer shall notify the state fire marshal of the

results of the inspection, and the state fire marshal shall

determine if a permit is to be issued.

Acts 1999, 76th Leg., ch. 388, Sec. 1, eff. Sept. 1, 1999.

Sec. 2154.207. INSURANCE REQUIREMENT. (a) In addition to any

other requirements, an applicant for a permit under Section

2154.253 must submit to the authority having jurisdiction

evidence of a general liability insurance policy in an amount of

not less than $1 million unless the commissioner decreases the

amount under Section 2154.051. The permit may not be issued

without evidence of insurance as required by this section.

(b) The general liability insurance policy required by this

section shall be conditioned to pay the amount of money the

insured becomes obligated to pay as damages because of bodily

injury and property damage caused by an occurrence involving the

insured or the insured's servant, officer, agent, or employee in

the conduct of a display of pyrotechnics and flame effects.

by this section must be in the form of a certificate of insurance

issued by an insurer authorized to do business in this state and

countersigned by an insurance agent licensed in this state.

(d) A certificate of insurance for surplus lines coverage

obtained under Chapter 981, Insurance Code, through a licensed

Texas surplus lines agent resident in this state may be filed

with the commissioner as evidence of coverage required by this

section.

(e) An insurer may not cancel a certificate of insurance issued

under this section unless the insurer gives the authority having

jurisdiction notice of intent to cancel.

(f) This section may be satisfied by a city, county, or other

political subdivision presenting proof of its participation in a

self-insurance fund or a fund created under Chapter 791,

Government Code, covering the liability requirements under this

chapter.

Added by Acts 2003, 78th Leg., ch. 872, Sec. 3, eff. Sept. 1,

2003.

Amended by:

Acts 2005, 79th Leg., Ch.

728, Sec. 11.155, eff. September 1, 2005.

SUBCHAPTER F. PROHIBITED ACTS

Sec. 2154.251. PROHIBITED USE OF FIREWORKS. (a) A person may

not:

(1) explode or ignite fireworks within 600 feet of any church, a

hospital other than a veterinary hospital, an asylum, a licensed

child care center, or a public or private primary or secondary

school or institution of higher education unless the person

receives authorization in writing from that organization;

(2) sell at retail, explode, or ignite fireworks within 100 feet

of a place where flammable liquids or flammable compressed gasses

are stored and dispensed;

(3) explode or ignite fireworks within 100 feet of a place where

fireworks are stored or sold;

(4) ignite or discharge fireworks in or from a motor vehicle;

(5) place ignited fireworks in, or throw ignited fireworks at, a

motor vehicle;

(6) conduct a public fireworks display that includes Fireworks

1.3G unless the person is a licensed pyrotechnic operator;

(7) conduct a proximate display of fireworks that includes

Fireworks 1.3G or Fireworks 1.4G as defined in NFPA 1126

Standards for the Use of Pyrotechnics Before a Proximate Audience

unless the person is a licensed pyrotechnic special effects

operator and has the approval of the local fire prevention

officer; or

(8) sell, store, manufacture, distribute, or display fireworks

except as provided by this chapter or rules adopted by the

commissioner under this chapter.

(b) A person may not manufacture, distribute, sell, or use

fireworks in a public fireworks display or for agricultural,

industrial, or wildlife control purposes without an appropriate

license or permit. Fireworks manufactured, distributed, sold, or

used without an appropriate license or permit are illegal

fireworks.

Acts 1999, 76th Leg., ch. 388, Sec. 1, eff. Sept. 1, 1999.

Sec. 2154.252. CERTAIN SALES OF FIREWORKS PROHIBITED. (a)

Unless the fireworks conform to the standards of the United

States Consumer Product Safety Commission and the department, a

person in this state may not:

(1) sell the fireworks at retail;

(2) offer the fireworks for retail sale;

(3) possess the fireworks for retail sale in this state; or

(4) transport, use, or explode the fireworks in this state.

(b) A person may offer for sale to the general public Fireworks

1.4G only at authorized retail locations. All mail order sales of

Fireworks 1.4G are prohibited.

under 16 years of age or to an intoxicated or incompetent person.

A person selling fireworks at retail shall make a reasonable

effort to determine that potential purchasers of fireworks are of

the minimum age required by this subsection.

(d) A licensed manufacturer, distributor, jobber, or importer

may not sell fireworks to a person who does not hold a license or

permit.

Acts 1999, 76th Leg., ch. 388, Sec. 1, eff. Sept. 1, 1999.

Amended by:

Acts 2007, 80th Leg., R.S., Ch.

1179, Sec. 4, eff. June 15, 2007.

Sec. 2154.253. USE OF FLAME EFFECTS OR PYROTECHNICS. (a)

Definitions. In this section:

(1) "Authority having jurisdiction" means the fire marshal of a

political subdivision. If the political subdivision has no fire

marshal, the chief executive of the local fire protection

district or emergency services district shall be the authority

having jurisdiction. The state fire marshal or the state fire

marshal's designee shall be the authority having jurisdiction if

the political subdivision has no fire marshal, local fire

protection district, or emergency services district.

(2) "Flame effects" means a stationary or hand-held device of

solid, liquid, or gas, designed specifically to produce an open

flame when ignited to display a thermal, physical, visual, or

audible phenomenon as defined in NFPA Standard 160. Such devices

include paraffin wax candles, LPG candles, torches, and LPG

burners.

(3) "NFPA Standard 1126" means the edition of the National Fire

Protection Association, Standard 1126, "Standard for the Use of

Pyrotechnics before a Proximate Audience," as adopted and amended

by the commissioner.

(4) "NFPA Standard 160" means the edition of the National Fire

Protection Association, Standard 160, "Standard for Flame Effects

Before an Audience," as adopted and amended by the commissioner.

(5) "Pyrotechnics" means an explosive composition or device

designed for entertainment to produce a visible or audible effect

by combustion, explosion, deflagration, or detonation as defined

by NFPA Standard 1126.

(b) The use of flame effects or pyrotechnics for entertainment,

exhibition, demonstration, or simulation before an assembly of 50

people or more, except for public safety demonstrations, must

comply with NFPA Standard 160 and NFPA Standard 1126 and the

following standards and requirements:

(1) if flame effects or pyrotechnics are used inside a building,

the building must contain a complete operational fire-sprinkler

system or provide personnel to implement a standby fire watch

acceptable to the authority having jurisdiction;

(2) before flame effects or pyrotechnics are used inside a

building, an announcement to the assembly must be made giving

verbal instruction regarding the location and use of available

exits and information about the building fire protection and fire

alarm systems; a determination by the authority having

jurisdiction that an exit door is locked or obstructed

constitutes a violation of this section;

(3) the plan required by NFPA Standard 1126 or NFPA Standard 160

detailing the criteria for use and display of pyrotechnics and

flame effects must be provided to the local authority having

jurisdiction;

(4) at least one Texas pyrotechnic special effects operator's

licensee must be present on-site at all times where pyrotechnics

are used, discharged, or ignited;

(5) at least one Texas flame effects operator's licensee must be

present on-site at all times where flame effects are used,

discharged, or ignited;

(6) the on-site licensee shall be responsible for complying with

this section;

(7) the licensee or the licensee's employer must obtain a permit

from the local authority having jurisdiction before the use,

discharge, or ignition of a flame effect or pyrotechnics; and

(8) the applicant for the permit must provide with the

application the evidence of insurance required by Section

2154.207.

traditional, nontheatrical public displays such as:

(1) use of lighted candles in restaurants or during religious

services;

(2) fireplaces in areas open to the public;

(3) restaurant cooking visible to the public;

(4) the outdoor use of consumer fireworks by the general public;

(5) an outdoor public display permitted under Section 2154.204.

(d) The authority having jurisdiction may adopt regulations

governing the issuance of permits for the use of flame effects or

pyrotechnics and may charge a fee to recover its costs.

(e) A person commits an offense if the person violates this

section. An offense under this section is a Class A misdemeanor.

Each day a violation occurs or continues constitutes a separate

offense. Venue under this section is in the county in which the

offense is committed or in Travis County.

(f) A municipal or county ordinance, order, or rule in effect on

September 1, 2003, is not invalidated by this chapter.

(g) This section does not limit or restrict the authority of a

county, where specifically authorized by law, or municipality to

enact an ordinance or order prohibiting or further regulating

flame effects or pyrotechnics.

Added by Acts 2003, 78th Leg., ch. 872, Sec. 1, eff. Sept. 1,

2003.

Sec. 2154.254. EMPLOYMENT OF MINORS. (a) Except as provided by

Subsection (c), a person may not employ or allow a person younger

than 16 years of age to manufacture, distribute, sell, or

purchase fireworks in the course of the person's business.

(b) Except as provided by Subsection (c), a person may not

employ a person 16 years of age or older but younger than 18

years of age to sell fireworks at a retail sales location unless

the person selling fireworks at that location is accompanied by

another person who is at least 18 years of age.

is otherwise prohibited from engaging in that activity by

Subsection (a) or (b) to sell fireworks at the owner's retail

sales location if the person employed is:

(1) a member of the owner's immediate family;

(2) 12 years of age or older; and

(3) accompanied by another person who is at least 18 years of

age while the person is engaged in selling fireworks at that

location.

Added by Acts 2007, 80th Leg., R.S., Ch.

1179, Sec. 5, eff. June 15, 2007.

SUBCHAPTER G. DISCIPLINARY ACTIONS; PENALTIES

Sec. 2154.301. DISCIPLINARY POWERS OF COMMISSIONER. (a) The

commissioner may, through the state fire marshal, suspend,

revoke, or refuse to issue or renew a license or permit if the

commissioner finds that any provision of this chapter, or any

rule adopted under this chapter, has been violated.

(b) A person who has a license or permit revoked may not reapply

for the license or permit earlier than one year from the date of

revocation. A person reapplying under this subsection must

request a public hearing on the reissuance of the license or

permit and has the burden of proving that a license or permit

should be granted.

Acts 1999, 76th Leg., ch. 388, Sec. 1, eff. Sept. 1, 1999.

Sec. 2154.302. DISCIPLINARY HEARING. (a) If the state fire

marshal proposes to suspend, revoke, or refuse to renew a

person's license or permit, the person is entitled to a hearing

conducted by the State Office of Administrative Hearings.

(b) Disciplinary proceedings are governed by Chapter 2001,

Government Code.

the disciplinary proceedings may not conflict with the rules

adopted by the State Office of Administrative Hearings.

Acts 1999, 76th Leg., ch. 388, Sec. 1, eff. Sept. 1, 1999.

Sec. 2154.303. PENALTIES. (a) A person commits an offense if

the person violates Section 2154.101(b), (c)(2), or (d),

2154.151(e), or 2154.201(a), (b)(2), or (c) or Subchapter F.

(b) Except as provided by Subsection (c), an offense under this

section is a Class B misdemeanor.

or (8) that results in property damage in an amount of less than

$200 and does not result in bodily injury or death, or a

violation of Section 2154.254(a) or (b), is a Class C

misdemeanor.

(d) Each day a violation occurs or continues constitutes a

separate offense.

(e) Venue under this section is in the county in which the

offense is committed or in Travis County.

(f) If the commissioner determines that a violation of this

chapter creates a threat to the public safety, the commissioner

may bring suit in the district court of the county in which the

person who committed the offense resides or has an office to

enjoin the person from engaging in the prohibited activity. The

commissioner is not required to give bond as a condition to the

issuance of injunctive relief.

Acts 1999, 76th Leg., ch. 388, Sec. 1, eff. Sept. 1, 1999.

Amended by Acts 2001, 77th Leg., ch. 1420, Sec. 14.709(a), eff.

Sept. 1, 2001.

Amended by:

Acts 2007, 80th Leg., R.S., Ch.

1179, Sec. 6, eff. June 15, 2007.

Sec. 2154.304. SEIZURE OF ILLEGAL FIREWORKS. (a) The state

fire marshal, a fire chief, a fire marshal, their deputies, or a

peace officer may seize illegal fireworks. Fireworks seized in

the enforcement of this chapter shall be kept in the custody of

the seizing agent or the sheriff of the county in which the

fireworks were seized.

(b) The owner of the seized fireworks may file an action

contesting the seizure in a district court in the county in which

the fireworks were seized.

seizure, the court may authorize the return of part or all of the

confiscated fireworks. The court shall order any fireworks not

returned to be destroyed. If an action contesting the seizure is

not filed by the 30th day after the seizure, the seizing agent or

the sheriff shall destroy the fireworks.

Acts 1999, 76th Leg., ch. 388, Sec. 1, eff. Sept. 1, 1999.

State Codes and Statutes

State Codes and Statutes

State Codes and Statutes

State Codes and Statutes

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