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
(C) that is classified by the department in 49 C.F.R. Part 173
(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
(C) a person authorized to represent an insurance fund or pool
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
(C) an industrial purpose; 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
(C) an overall length, including stick, of less than 15 inches;
and
(2) other fireworks determined not acceptable by the United
States Consumer Product Safety Commission.
(c) The term "bottle rocket" may not be used in association with
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.
(c) The commissioner shall adopt rules for applications for
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.
(c) On request by the commissioner, the following may recommend
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.
(c) The program shall be administered by the advisory council
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;
or
(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.
(c) A person may not:
(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.
(c) The state fire marshal shall adopt rules as necessary to
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.
(c) If the notice of the examination result will be delayed for
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.
(c) A person whose license has been expired for 90 days or less
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.
(c) A licensed manufacturer may sell:
(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.
(c) To qualify for a pyrotechnic operator's 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. 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.
(c) To qualify for a pyrotechnic special effects operator's
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.
(c) To qualify for a flame effects operator's license, a person
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.
(c) A person may not alter or deface a permit. An altered or
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.
(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) 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.
(c) A permit expires one year from the date of issuance and is
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.
(c) A person conducting multiple fireworks displays at a single
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.
(c) Evidence of the liability insurance policy required 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 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.
(c) An appropriate fire prevention officer, as designated or
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.
(c) Evidence of the general liability insurance policy required
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.
(c) Fireworks may not be sold or offered for sale to children
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.
(c) The requirements provided by Subsection (b) do not apply to
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;
or
(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.
(c) An owner of a retail sales location may employ a person who
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.
(c) Rules of practice adopted by the commissioner applicable to
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.
(c) A violation of Section 2154.251(a)(1), (2), (3), (4), (5),
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.
(c) Not later than the 30th day after the hearing on the
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.