What's legal, where, and when: Everything you need to know about fireworks and Texas in 2023
According to the Texas Association of Counties and the Texas Department of Insurance, here's what to know about what fireworks are legal in Texas, when you can buy them, and how to find out where you can use them in your area.
(KAMR) -- As weeks of sustained rainy weather have launched the state of Texas into significantly better drought circumstances compared to this time last year, many have started to look ahead toward the possibility of a fireworks-filled Independence Day Weekend in 2023.
However, even outside areas still heavily impacted by drought, Texas' relationship with fireworks is not as simple as checking for a local burn ban before striking up a sparkler.
According to the Texas Association of Counties and the Texas Department of Insurance, here's what to know about what fireworks are legal in Texas, when you can buy them, and how to find out where you can use them in your area.
What fireworks are allowed in Texas?
Most fireworks listed here, formerly known as "class C" explosives and now as "Fireworks 1.4G," are allowed in Texas. These include fireworks such as:
- Caps for toy pistols;
- "Common" small fireworks that have audible or visual effects, but don't expel shrapnel;
- Roman candles not exceeding 10 balls in the tube, not exceeding either 20 grams per ball in weight with a tube no bigger than 3/8 of an inch in diameter;
- "Helicopter" rockets with an inside tube no more than 1/2 an inch in diameter and no more than 20 grams each in weight;
- Cylindrical or cone fountains;
- Wheels that do not weigh more than 240 grams each;
- Sparklers and dipped sticks;
- Firecrackers that are no bigger than 1.5 inches long or 1/4 inch in diameter; and
- Toy smoke devices or toy propellant devices that do not produce an outside flame.
Fireworks that are not allowed in Texas include:
- Sky rockets or "bottle rockets" with;
- A total propellant charge of less than 4 grams;
- A casing size of less than 5/8 of an inch in outside diameter and less than 3.5 inches long; and
- An overall length, including stick, of less than 15 inches; and
- Other fireworks not considered acceptable according to the United States Consumer Product Safety Commission.
What dates are fireworks legal in Texas?
As with many things in the Lone Star State, from allergies to bluebonnets to butterflies, fireworks in Texas are seasonal. The exact days vary, but Texas allows fireworks to be sold six times per year. Local commissioners' courts can regulate the sale of fireworks due to drought conditions around the Fourth of July and in December and can regulate the sale for any reason for the other seasons of the year, but they have to meet certain deadlines to do so.
In 2023, the "seasons" for fireworks sales in Texas, and the final days that commissioners' courts can order fireworks regulations, include:
- Texas Independence Day - Feb. 25 to March 2
- Feb. 14 regulation deadline
- San Jacinto Day - April 16 to April 21
- March 31 regulation deadline
- Cinco de Mayo - May 1 to May 5
- April 24 regulation deadline (counties not more than 100 miles from the Texas-Mexico border)
- Memorial Day - May 24 to May 29
- May 14 regulation deadline
- Fourth of July - June 24 to July 4
- June 14 regulation deadline
- December holidays - Dec. 20 to Jan. 1
- Dec. 14 regulation deadline
Because of these deadlines, a Texas county with an active burn ban may not necessarily also be restricting the sale or use of fireworks. Not only can Texans check which counties have active burn bans with a weekly-updated map from the Texas A&M Forest Service, but also can check individual county websites to see if regulations on fireworks sales have been put in place.
Where can you use fireworks in Texas?
Even though the sale and distribution of fireworks may be legal in many roadside outlets or county stands throughout the year, where Texans can set off their fireworks also depends on city and county ordinances as well as state regulations.
No matter where you are in Texas, state law bans setting off fireworks in certain areas, including:
- Without written permission from the organization, not within 600 feet of;
- A church
- A hospital
- An asylum
- A licensed child care center
- A school - primary, secondary, or higher education institution
- Within 100 feet of a place where flammable liquids or gasses are stored and dispensed;
- Within 100 feet of a place where fireworks are stored or sold;
- In or from a motor vehicle;
- In a display of fireworks including "class B" or "1.3G" fireworks (often used in larger community shows) without a licensed pyrotechnic operator and the approval of the local fire prevention officer; and
- On the property of the US Army Corps of Engineers, including many parks and lakes such as Lake Meredith in the Texas Panhandle or Lake Ray Hubbard in North Texas.
Most cities in Texas, including Amarillo, Dallas, El Paso, Waco, Austin, Houston, and San Antonio have either completely banned fireworks within city limits or put down specific local regulations for which types are allowed. However, it is legal in most counties to discharge fireworks on private property - with the property owner's permission - in unincorporated areas.
"Can I set off fireworks right now?"
As a rule of thumb, Texans might consider a few questions when evaluating whether or not they can legally use fireworks in their area, such as:
- Are you within city limits?
- If the answer is "yes" - Maybe. Likely not without at least a few restrictions, so you should check your city website.
- Are you in an unincorporated area of a county?
- If the answer is "yes" - Probably, if you are either on your property or have the permission of a property owner, but you should double-check the county website. This might also change if you are within 5,000 feet of a city limit.
- What kind of fireworks are you using?
- If you're using "class C" or "1.4G" fireworks and not putting on a larger display, it's probably OK.
- If you're putting on a larger display or using "class B" or "1.3G" fireworks, you'll need a licensed pyrotechnic operator and the approval of the local fire prevention officer.
- Are you near any of the restricted areas listed above?
- If the answer is "yes" - No, unless you have the written permission of the organization you're near that is considered a restricted area.
Altogether, the state of Texas remains a vast collection of counties and communities with different needs and regulations when it comes to many things, including fireworks. However, Texans can still come together in the most festive times of the year and not only check in with their specific local rules, but also adopt safe habits with fireworks and fire safety.