Fireworks are a beloved part of celebrations across Texas, especially during Independence Day and New Year’s Eve. However, many Texans don’t realize that setting off fireworks at the wrong time or in the wrong place could land them with steep fines or even criminal charges.
So, are fireworks illegal in Texas? The answer depends on the type of firework, where you are, and when you’re lighting them. Here’s what every Texan needs to know.
Key Takeaways
- Are fireworks illegal in Texas? Not entirely, but their use is tightly regulated and varies by location and time of year.
- Many counties enforce bans or burn restrictions beyond state laws.
- Illegal fireworks include sky rockets, large missiles, and oversized explosives.
- Violating firework laws can result in misdemeanor charges and insurance complications.
- If you’re unsure about your legal standing or have experienced damage, Daly & Black can help you fight back.
Understanding Fireworks Laws in Texas
At the state level, Texas allows the sale and use of consumer fireworks under specific conditions, governed primarily by the Texas Occupations Code § 2154. These laws outline who can sell fireworks, when sales are permitted, and what types are allowed.
Here are some key rules to consider:
Sale and Use Restrictions
Fireworks classified as 1.4G (consumer-grade) may be sold during limited retail windows, typically from June 24 to July 4, and December 20 to January 1. Mail-order sales are prohibited. Sales to individuals under 16 years of age, or to anyone intoxicated or otherwise incompetent, are strictly prohibited.
Permits and Licensing
A retail fireworks permit is required to sell fireworks. For public displays involving 1.3G fireworks (professional-grade), both a public display permit and a pyrotechnic operator’s license are required.
Prohibited Areas
Fireworks may not be ignited within 600 feet of churches, hospitals, schools, or child care centers unless specifically authorized. They are also banned within 100 feet of any location selling or storing flammable liquids, compressed gases, or other fireworks.
Local Ordinances
Cities and counties may adopt more restrictive fireworks regulations than state law. Some municipalities, like Dallas, prohibit the use of fireworks entirely within city limits, especially during fire weather alerts.
Burn Bans
During periods of elevated fire risk, counties may issue burn bans that restrict or prohibit the use of fireworks. While these bans do not automatically void the legal use of consumer fireworks statewide, they may trigger local ordinances or emergency orders that do.
Penalties
Violations of these laws can result in fines of up to $2,000 per incident and, in certain cases, criminal charges.
Always consult with local fire officials or county websites before purchasing or using fireworks to avoid fines or legal trouble.
While state law provides a general framework, local authorities often enforce tighter restrictions. Always check with your county fire marshal or local government before buying or lighting fireworks.
What Fireworks Are Illegal in Texas?
Texas law prohibits certain fireworks considered too dangerous for consumer use. These typically include:
- Sky rockets and bottle rockets
- Missiles with fins or rudders for aerodynamic flight
- Explosive fireworks exceeding 200 grams of pyrotechnic composition
Legal consumer fireworks include:
- Roman candles
- Sparklers
- Ground spinners
- Aerial shells (under specific size limits)
Even legal fireworks can become illegal if used during a burn ban or within city limits where local ordinances prohibit them. For instance, many large cities like Houston and Austin enforce complete bans on firework usage within city limits.
When Can You Legally Use Fireworks in Texas?
Texas permits personal use of fireworks during specific windows, such as leading up to July 4 and again in late December for New Year’s celebrations:
- June 24 to July 4
- December 20 to January 1
Some counties may allow fireworks during other holidays like Texas Independence Day (March 2) or Memorial Day, but this must be explicitly authorized.
Lighting fireworks before June 24 or after July 4 (without county approval) is generally illegal and can result in fines. Additionally, fireworks must not be used during restricted hours (often after midnight) or near churches, schools, hospitals, or gas stations.
How Old Do You Have to Be to Buy Fireworks in Texas?
In Texas, you must be at least 16 years old to purchase fireworks. This age limit is enforced at the point of sale, and retailers are required to request valid government-issued ID.
Vendors who sell to minors can face license suspension and criminal penalties.
County and City Ordinances You Should Know
Local governments have broad authority to impose tighter fireworks restrictions. These can include:
- Complete bans on the use and sale of fireworks within city limits.
- Restricted zones near heavily populated or wildfire-prone areas.
- Burn bans, which may restrict or prohibit the use of even legal consumer fireworks, depending on local enforcement.
Examples:
- Houston prohibits all consumer fireworks within city limits.
- Travis County often issues seasonal burn bans affecting rural celebrations.
- El Paso and Dallas enforce hefty fines for unlawful possession or use.
Before celebrating, check the Texas A&M Forest Service Burn Ban Map or your local fire marshal’s website for up-to-date restrictions.
Legal Consequences of Violating Fireworks Laws
Violating fireworks laws in Texas can lead to:
- Fines up to $2,000 per violation
- Class C misdemeanor charges
- Property damage liability, especially if a fire is started
If fireworks cause damage to homes or businesses, insurance may deny claims if the use was illegal or reckless. This can leave property owners facing massive losses without coverage.
Does Homeowners Insurance Cover Fireworks Damage Caused by Someone Else?
If a neighbor or third party causes fire or property damage due to improper fireworks use, your homeowners insurance may cover the loss under the perils of fire or explosion—but only if the policy includes such protections and you file the claim correctly.
However, insurance companies may push back if:
- The fire was caused by illegal fireworks
- The individual responsible acted with gross negligence
- The insurer believes you contributed to the risk (e.g., storing fireworks on-site)
In most cases, your insurer will investigate the incident and may pursue subrogation, seeking reimbursement from the person who caused the damage. Still, that doesn’t guarantee an easy process or full payout. If you’re met with delays or denials, you don’t have to accept that outcome.
When Fireworks Damage Isn’t Your Fault—but the Insurance Company Treats It Like It Is
Fireworks damage can leave you dealing with more than just repairs; it can leave you battling your own insurance company.
If someone else’s careless celebration damaged your home or business, and your insurer refuses to pay what you’re owed, Daly & Black is ready to step in. We represent policyholders across the state of Texas, and we know exactly how to challenge denied, delayed, or underpaid property claims.
Don’t let an insurance company deny your right to the compensation owed to you under your policy.
Contact us today to schedule your FREE consultation. Daly & Black is ALL IN. ALL THE TIME.
FAQs
What fireworks are illegal in Texas?
Sky rockets, bottle rockets, and missiles with fins or rudders are banned. Fireworks exceeding size or explosive limits are also illegal.
How old do you have to be to buy fireworks in Texas?
You must be at least 16 years old with a valid ID to legally purchase fireworks.
Is it illegal to light fireworks after the Fourth of July?
Yes, unless you’re within a permitted sales or usage window like December 20 to January 1 for New Year’s celebrations. Some counties may also authorize additional dates around holidays like Cinco de Mayo, Memorial Day, or Texas Independence Day. Otherwise, lighting fireworks outside these designated periods, such as immediately after July 4, remains prohibited under state law without local approval.