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.
(c) A retail fireworks permit may be purchased from a licensed 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(f) An outdated permit may be exchanged for a current permit only in the year following the permit's expiration.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) 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 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.
(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; and
(3) beginning the Wednesday before the last Monday in May and ending at midnight on the last Monday in May.
Acts 1999, 76th Leg., ch. 388, Sec. 1, eff. Sept. 1, 1999.
Amended by:
Acts 2007, 80th Leg., R.S., Ch. 1179 (H.B. 539), Sec. 3, eff. June 15, 2007.
Acts 2015, 84th Leg., R.S., Ch. 710 (H.B. 1150), Sec. 1, eff. September 1, 2015.
Structure Texas Statutes
Title 13 - Sports, Amusements, and Entertainment
Subtitle D - Other Amusements and Entertainment
Chapter 2154 - Regulation of Fireworks and Fireworks Displays
Subchapter E. Permit Requirements
Section 2154.201. General Requirements
Section 2154.202. Retail Fireworks Permit
Section 2154.2025. Inspection of Retail Fireworks Sites
Section 2154.204. Public Display Permit
Section 2154.205. Insurance Requirement for Public Display Permit