Texas Occupations Code Title 13, Chapter 2154 - Regulation Of Fireworks And Fireworks Displays

SUBCHAPTER A GENERAL PROVISIONS

• Texas Section 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...
• Texas Section 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,...
• Texas Section 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"...

SUBCHAPTER B COMMISSIONER'S POWERS AND DUTIES

• Texas Section 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...
• Texas Section 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...
• Texas Section 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. (b) The commissioner...
• Texas Section 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,...

SUBCHAPTER C LICENSE REQUIREMENTS

• Texas Section 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...
• Texas Section 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...
• Texas Section 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...
• Texas Section 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...
• Texas Section 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...
• Texas Section 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...
• Texas Section 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...
• Texas Section 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...

SUBCHAPTER D TYPES OF LICENSES

• Texas Section 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...
• Texas Section 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...
• Texas Section 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...
• Texas Section 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...
• Texas Section 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...
• Texas Section 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...

SUBCHAPTER E PERMIT REQUIREMENTS

• Texas Section 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...
• Texas Section 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...
• Texas Section 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...
• Texas Section 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...
• Texas Section 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....
• Texas Section 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...
• Texas Section 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...

SUBCHAPTER F PROHIBITED ACTS

• Texas Section 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...
• Texas Section 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,...
• Texas Section 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...
• Texas Section 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,...

SUBCHAPTER G DISCIPLINARY ACTIONS; PENALTIES

• Texas Section 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,...
• Texas Section 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...
• Texas Section 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...
• Texas Section 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)...
• Texas Section 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...

Last modified: September 28, 2016