People often ask me “what is the law on 4th of July Fireworks in Texas?” The 4th of July is a time for celebration, patriotism, and fireworks across the United States. In Texas, where everything is often said to be bigger, fireworks displays are particularly popular. However, amidst the excitement and spectacle, it is crucial to understand the legal liabilities associated with fireworks in the Lone Star State. This blog post aims to shed light on the legal responsibilities that both individuals and organizations should be aware of when handling and using fireworks in Texas.

General Rules

  1. Texas has specific laws governing the sale, possession, and use of fireworks. The Texas Occupations Code, Chapter 2154, outlines the rules and regulations related to fireworks. The State Fire Marshal’s Office is responsible for enforcing these laws and ensuring public safety.
  2. Organized fireworks displays in Texas require a permit issued by the local authorities. Licensed professionals who possess the necessary expertise to handle pyrotechnics safely typically handle these displays. The individuals responsible for organizing such events must comply with all permit requirements, adhere to safety protocols, and obtain adequate liability insurance to cover any potential damages or injuries.
  3. In Texas, consumers can legally purchase fireworks during certain periods of the year. However, it is important to note that even though they are legal, there are still potential risks and liabilities associated with their use. Individuals who decide to use consumer fireworks should be aware of the following:
    • Age Restrictions: Only individuals aged 16 or older can purchase and use fireworks in Texas, unless they are under adult supervision.
    • Responsible Usage: Consumers must use fireworks in a safe and responsible manner, following all instructions provided by the manufacturer. Failure to do so may result in accidents, injuries, or property damage, leading to potential legal liabilities.
    • Property Damage: If fireworks cause damage to someone else’s property due to negligence or improper usage, the person responsible may be held liable for the resulting costs.
    • Personal Injuries: Individuals who are injured by fireworks may seek legal recourse against the person responsible if it can be demonstrated that negligence or recklessness was involved.

Local Ordinances

Beyond state regulations, various cities and counties in Texas have their own local ordinances regarding fireworks. It is essential to familiarize yourself with the specific rules in your area. Some municipalities may have stricter regulations or even ban the use of fireworks altogether due to safety concerns or the risk of fire hazards in certain areas. Burn Bans are most common reason counties regulate fireworks. Texas counties often issue such bans in the middle of summer when dry conditions raise the threat of wildfire. Please consult your county or municipality before using fireworks.

Insurance Considerations

Individuals and organizations involved in fireworks displays, whether professional or consumer-oriented, should consider obtaining liability insurance coverage. This insurance can help protect against potential legal claims and provide financial assistance in the event of accidents, property damage, or personal injuries. Before using fireworks this 4th of July, you should consider your insurance coverage. . Ask yourself, “If one of my children injures a friend with fireworks, will my insurance cover this cost?” If you do not know the answer, contact your insurance company before purchasing and using fireworks.

Criminal Charges

Under very narrow circumstances, a person can even face criminal charges related to firework usage.

For example, Texas penal code section 50.02 forbids people from using fireworks to evade law enforcement. Individuals who violate this law face State Jail Felony charges. This charge increases to a 2nd Degree Felony if a person uses a homemade firework. The charge increases to a 1st Degree Felony if a person causes serious bodily injury to a law enforcement officer with the firework.

Additionally, other related criminal laws could apply to firework usage.

  • Criminal Mischief: If a person intentionally uses fireworks to damage property, then criminal mischief laws could apply. Criminal mischief can be either a misdemeanor or felony depending on how much damage a person causes.
  • Assault: If a person intentionally, knowingly, or recklessly uses fireworks to cause pain or injury to another person, then assault charges could apply. Think twice before you prank your best friend!
  • Arson: If a person intentionally, knowingly, or recklessly uses a firework to burn a structure, then that person could face felony arson charges.

Conclusion

While fireworks can add excitement and joy to Independence Day celebrations, it is crucial to remember that they also carry legal liabilities. In Texas, understanding and complying with the laws and regulations regarding fireworks is essential to ensure public safety and avoid potential legal issues. By following the guidelines set forth by the State Fire Marshal’s Office, obtaining necessary permits, adhering to safety protocols, and acting responsibly, individuals and organizations can enjoy a memorable 4th of July while minimizing the risks and legal liabilities associated with fireworks.