Texas has a very diverse landscape, and the Panhandle’s fire season is basically 365 days a year, said Hutchinson County Judge Cindy Irwin.
Hutchinson County is well aware of the devastation fire can cause. The Smokehouse Creek Fire, which started in Hutchinson County on Feb. 26, 2024, eventually burned more than 1 million acres across the Panhandle making it the largest wildfire in Texas history. The cause of the fire was downed power lines due to a broken utility pole.
It is impossible to control every situation that could result in injury or fire. However, Texas counties have been granted limited authority to regulate fireworks. Local Government Code 352.051 authorizes the Commissioners Court to adopt an order regulating certain fireworks in the unincorporated areas of the county under drought conditions.
In 2023, an estimated 9,700 injuries related to fireworks were treated in U.S. hospital emergency departments, according to the Consumer Product Safety Commission, an independent agency of the federal government that publishes an annual report on fireworks hazards.
According to the National Fire Protection Association, fireworks started an estimated 31,302 fires in 2022, including 3,504 structure fires, 887 vehicle fires, 26,492 outside fires, and 418 unclassified fires. These fires caused an estimated six civilian deaths, 44 civilian injuries, and approximately $109 million in direct property damage.
Texas Landscape and Fireworks
Texas encompasses a wide variety of landscapes, including arid deserts, humid forests, expansive grasslands, and densely populated urban areas, explained Hutchinson County Emergency Management Coordinator Jerry Langwell.
“Each region faces distinct fire risks due to variations in vegetation, climate, and fuel types,” Langwell continued. “Limiting or removing local authority to regulate fireworks would hinder the ability of communities to respond effectively to these specific challenges, potentially endangering lives and property. It is crucial that local governments retain their ability to address the unique challenges and risks in their areas without limitations or interference, given the diverse environmental conditions across the state.”
Preserving local control offers several important benefits:
- Tailored Fire Risk Management: Local governments are best positioned to assess and respond to the unique fire hazards in their areas. For example, arid regions prone to wildfires may need stricter fireworks regulations during droughts, while urban areas might focus on mitigating risks associated with fireworks in densely populated neighborhoods.
- Adaptability to Environmental Conditions: Texas’s environmental conditions can vary significantly from one region to another. Droughts, high winds, and other factors can create heightened fire risks in some areas. Local control ensures regulations can be adapted quickly to address real-time conditions.
- Efficient Resource Management: Local governments understand the limitations and capacities of their fire and emergency services. They can implement regulations that reduce strain on these resources, preventing situations where emergency responses are overwhelmed during peak fireworks use.
- Community Engagement and Accountability: Local authority allows regulations to reflect the values and priorities of each community. Residents can work with local leaders to establish rules that strike an appropriate balance between safety and celebration.
- Preventing One-Size-Fits-All Policies: Statewide mandates cannot account for the wide range of fire risks and environmental factors across Texas. Maintaining local authority prevents a blanket approach that may be too lenient in some areas or overly restrictive in others.
“Restricting local control over fireworks regulation could create unnecessary risks and undermine community safety,” Langwell emphasized.
Members of Commissioners Courts worked with the County Judges and Commissioners Association of Texas to develop the following Resolution:
Fireworks Regulations
WHEREAS, counties currently have limited authority to regulate fireworks; and
WHEREAS, due to the continued danger of drought and the concern for public safety, such regulations are necessary to protect life and property;
NOW, THEREFORE, BE IT RESOLVED that the County Judges and Commissioners Association of Texas is opposed to any legislative action that would remove or limit current county authority to regulate fireworks.