Texas County Progress

The Official Publication of the County Judges and Commissioners Association of Texas

Key Concept: Fireworks

by

Key Question: Can Commissioners Courts regulate the use of fireworks?

Reference Points:

  • Local Government Code Section 352.051
  • Texas Government Code Chapter 418

Talking Points:

  1. Local Government Code Section 352.051 authorizes the Commissioners Court to adopt an order to regulate “restricted” fireworks in a county’s unincorporated areas during drought conditions.
  2. Restricted fireworks are “skyrockets with sticks” and “missiles with fins.”
  3. “Drought conditions” means the existence immediately preceding or during the fireworks season of a Keetch-Byram Drought Index of 575 or greater as determined by the Texas Forest Service (www.tamu.edu/ticc/, click on Predictive Services, then Drought).  In addition, during the December fireworks season, the Commissioners Court of a county by order may restrict or prohibit the sale or use of restricted fireworks in specified areas when conditions on rural acreage in the county not under cultivation for a period of at least 12 months are determined to be extremely hazardous for the danger of fire because of high grass or dry vegetation.
  4. If the Commissioners Court chooses to adopt an order, it must be adopted:
    • April 25 of each year for the Cinco de Mayo fireworks season (available only in a location within 100 miles of the border with Mexico and requires approval of Commissioners Court);
    • June 15 of each year for the Fourth of July fireworks season; and
    • December 15 of each year for each December fireworks season.
  5. A violation of the order is a Class C misdemeanor.
  6. Any order adopted by the court expires when the Texas Forest Service determines that the county is no longer in a drought condition.
  7. Texas Government Code Chapter 418 authorizes the County Judge to declare a local disaster within the county. The declaration may include the prohibition of or restriction on the sale or use of ALL fireworks in the county.
  8. The fireworks portion of the disaster declaration is valid for 60 hours unless the county requests and receives an extension from the governor. The governor has approved all such requests.