Here’s what Texas law says about which kinds of fireworks are illegal
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Planning to buy or sell fireworks this Fourth of July? Before you do, it’s important to understand what Texas law allows—and what it doesn’t.
Certain violations can lead to fines, criminal charges, or the seizure of your products.
State law also sets rules on who can sell fireworks, where they can be sold and which types are banned.
Here’s what to know about Texas fireworks laws, according to the Texas Occupations Code.
Which fireworks are illegal in Texas?
In general, Texas allows the sale of consumer-grade fireworks classified as “Fireworks 1.4G,” which are designed for personal use and include items like fountains, firecrackers and sparklers. But not everything that goes boom is legal.
Fireworks that are banned include:
Bottle rockets and sky rockets with sticks shorter than 15 inches or casings smaller than 5/8 of an inch in diameter.
Pop rockets with casing lengths under 5 inches or total lengths under 26 inches.
Any fireworks not approved by the U.S. Consumer Product Safety Commission.
If a firework is made, sold or used without the required license or permit, it’s considered illegal under state law.
How old do you have to be to sell fireworks in Texas?
You must be at least 16 years old to sell fireworks at a retail stand.
But there’s a catch: If you’re under 18, you must be supervised by someone who is 18 or older while working.
There’s also a special exception for family-run operations: A person as young as 12 can sell fireworks if they’re working at a retail stand owned by their immediate family and supervised by someone at least 18.
Do you need a license to sell fireworks?
Yes—and which license you need depends on what kind of business you’re running.
If you’re:
Selling directly to the public: You’ll need a retail fireworks permit, which must be renewed every year.
Selling to other sellers (like retailers): You’ll need a distributor’s license.
Manufacturing or importing fireworks: You’ll need a manufacturer’s license.
Retail fireworks permits can be purchased online and cost $30. (Permit Fee of $20 plus a Safety & Education Fee of $10).
The sales period is also limited — for Fourth of July, that runs from June 24 until midnight July 4. Other permissible fireworks holidays in Texas include New Year’s and Cinco de Mayo.
Selling without a license can result in criminal charges and the seizure of fireworks.
Where can you sell fireworks?
You can’t just sell fireworks from any building. If you’re selling from an indoor retail fireworks site, the building must be:
A freestanding, one-story structure
Not a tent, boat, mobile home or part of a shared-use space
Designed in a way that prevents customers from handling fireworks without an employee assisting
If you’re selling from a retail fireworks stand, it must be a designated structure where customers remain outside and purchase fireworks over the counter.
These rules are meant to reduce fire hazards and ensure safety, and many counties inspect these sites annually to ensure compliance.
