Title OC, Occupations Code

Sec. 2154.051. COMMISSIONER'S POWERS AND DUTIES. (a) The commissioner shall: (1) determine reasonable criteria and qualifications for licenses and permits; (2) set license and permit fees; (3) determine the qualifications and examination requirements for pyrotechnics operators; a…

Sec. 2154.052. RULES. (a) The commissioner: (1) shall administer this chapter through the state fire marshal; and (2) may issue rules to administer this chapter. (b) The commissioner shall adopt and the state fire marshal shall administer rules the commissioner considers necessar…

Sec. 2154.053. RULES RESTRICTING ADVERTISING OR COMPETITIVE BIDDING. (a) The commissioner may not adopt rules restricting advertising or competitive bidding by a license or permit holder under this chapter except to prohibit false, misleading, or deceptive practices. (b) The comm…

Sec. 2154.055. FIREWORKS SAFETY AND EDUCATION PROGRAM. (a) The commissioner shall establish a fireworks safety and education program. (b) The program: (1) shall provide information relating to the proper and safe use of fireworks and the dangers of the improper use of fireworks; …

Sec. 2154.101. GENERAL REQUIREMENTS. (a) A person must obtain an appropriate license to: (1) engage in the business of manufacturing, distributing, jobbing, or importing fireworks to be sold or used in this state; or (2) supervise or conduct public fireworks displays. (b) A perso…

Sec. 2154.102. WAIVER OF EXAMINATION REQUIREMENT. The commissioner may waive an examination requirement for an applicant with a valid license from another state if, in the commissioner's opinion, the license requirements of the other state are substantially equivalent to those of…

Sec. 2154.1025. STATE FIRE MARSHAL'S AUTHORITY REGARDING EXAMINATIONS; RULES. (a) The state fire marshal shall establish the scope and type of an examination required under this chapter. (b) The state fire marshal may administer the examination or may enter into an agreement with…

Sec. 2154.1026. USE OF TESTING SERVICE FOR EXAMINATION. (a) If a testing service is used, the state fire marshal may contract with the testing service regarding requirements for the examination required by this chapter, including examination development, scheduling, site arrangem…

Sec. 2154.103. EXAMINATION RESULTS. (a) The state fire marshal shall notify each examinee of the results of the examination not later than the 30th day after the date an examination is administered. (b) If the examination is conducted, graded, or reviewed by a testing service, th…

Sec. 2154.104. DUPLICATE LICENSE; LICENSE CHANGES. A person must be charged a fee in an amount not to exceed $20 for a duplicate license issued by the commissioner and for any requested change to a license. Acts 1999, 76th Leg., ch. 388, Sec. 1, eff. Sept. 1, 1999.

Sec. 2154.105. LICENSE EXPIRATION DATE. (a) The commissioner by rule may provide for different expiration dates for the various types of licenses. (b) If the expiration date of a license is less than one year from the date of its issuance or anniversary date, the license fee shal…

Sec. 2154.106. LICENSE RENEWAL. (a) A license holder may renew an unexpired license by paying the required renewal fee to the state fire marshal any time before the license expires. (b) Not later than the 30th day before the expiration date of a license, the state fire marshal sh…

Sec. 2154.151. MANUFACTURER'S LICENSE. (a) A person manufacturing, storing, possessing, and selling fireworks constructed by that person must have a manufacturer's license. (b) The commissioner shall set and collect an annual manufacturer's license fee in an amount not to exceed …

Sec. 2154.152. DISTRIBUTOR'S LICENSE. (a) A person must be a licensed distributor if the person: (1) imports into this state or stores, possesses, and sells Fireworks 1.3G to a licensed pyrotechnic operator or distributor or to a single public display or multiple public display p…

Sec. 2154.153. JOBBER'S LICENSE. (a) A person must be a licensed jobber if the person stores, possesses, and sells Fireworks 1.4G only to retailers in this state. (b) The commissioner shall set and collect an annual jobber's license fee in an amount not to exceed $1,000. Acts 199…

Sec. 2154.154. PYROTECHNIC OPERATOR'S LICENSE. (a) A person must be a licensed pyrotechnic operator if the person assembles, conducts, and supervises public fireworks displays using Fireworks 1.3G. (b) The commissioner shall set and collect an annual pyrotechnic operator's licens…

Sec. 2154.155. PYROTECHNIC SPECIAL EFFECTS OPERATOR'S LICENSE. (a) A person must be a licensed pyrotechnic special effects operator if the person assembles, conducts, and supervises proximate displays using Fireworks 1.3G or Fireworks 1.4G as defined in NFPA 1126 Standard of the …

Sec. 2154.156. FLAME EFFECTS OPERATOR'S LICENSE. (a) A person must be a licensed flame effects operator if the person assembles, conducts, or supervises flame effects under Section 2154.253. (b) The commissioner shall set and collect an annual flame effects operator's license fee…

Sec. 2154.201. GENERAL REQUIREMENTS. (a) A person who is younger than 18 years of age may not be issued a permit under this subchapter. (b) A person may not: (1) transfer a permit issued under this subchapter; or (2) obtain or attempt to obtain a permit under this subchapter by f…

Sec. 2154.202. RETAIL FIREWORKS PERMIT. (a) A person selling fireworks directly to the public must annually obtain a nonrenewable retail fireworks permit for each retail location. (b) The commissioner shall set and collect a retail fireworks permit fee in an amount not to exceed …

Sec. 2154.2025. INSPECTION OF RETAIL FIREWORKS SITES. (a) In this section: (1) "Fire or life safety hazard" has the meaning assigned by Section 352.016, Local Government Code. (2) "Local fire prevention officer" means: (A) a county fire marshal; or (B) a fire prevention officer o…

Sec. 2154.204. PUBLIC DISPLAY PERMIT. (a) The commissioner shall set and collect a permit fee in an amount not to exceed $50 for a Fireworks 1.3G single public display permit. The permit shall be obtained from the commissioner through the state fire marshal. (b) A single public f…

Sec. 2154.205. INSURANCE REQUIREMENT FOR PUBLIC DISPLAY PERMIT. (a) In addition to any other requirements, an applicant for a public display permit must submit to the state fire marshal evidence of a general liability insurance policy in an amount of not less than $500,000 unless…

Sec. 2154.206. INSPECTION OF PUBLIC FIREWORKS DISPLAY. (a) In this section, "appropriate fire prevention officer" means a person with fire prevention authority in a particular jurisdiction. (b) A person planning to make a public fireworks display shall submit, under rules adopted…

Sec. 2154.207. INSURANCE REQUIREMENT. (a) In addition to any other requirements, an applicant for a permit under Section 2154.253 must submit to the authority having jurisdiction evidence of a general liability insurance policy in an amount of not less than $1 million unless the …

Sec. 2154.221. FIREWORKS SALES BUILDING. The fireworks sales building of an indoor retail fireworks site must be a freestanding durable structure with only one story of the building accessible to the public. The fireworks sales building of an indoor retail fireworks site may not …

Sec. 2154.222. SALES DISPLAY AREA. The sales display area of an indoor retail fireworks site must be sufficiently designed to prevent customers from handling fireworks unless an attendant is directly assisting the customer. Added by Acts 2017, 85th Leg., R.S., Ch. 374 (H.B. 3907)…

Sec. 2154.223. OFFICE AREA EXEMPTION. The commissioner may exempt the office area used in the operation of an indoor retail fireworks site from commissioner rules prescribing distance requirements between fireworks storage and inhabited buildings if, after inspecting the office a…

Sec. 2154.251. PROHIBITED USE OF FIREWORKS. (a) A person may not: (1) explode or ignite fireworks within 600 feet of any church, a hospital other than a veterinary hospital, an asylum, a licensed child care center, or a public or private primary or secondary school or institution…

Sec. 2154.252. CERTAIN SALES OF FIREWORKS PROHIBITED. (a) Unless the fireworks conform to the standards of the United States Consumer Product Safety Commission and the department, a person in this state may not: (1) sell the fireworks at retail; (2) offer the fireworks for retail…

Sec. 2154.253. USE OF FLAME EFFECTS OR PYROTECHNICS. (a) Definitions. In this section: (1) "Authority having jurisdiction" means the fire marshal of a political subdivision. If the political subdivision has no fire marshal, the chief executive of the local fire protection distric…

Sec. 2154.254. EMPLOYMENT OF MINORS. (a) Except as provided by Subsection (c), a person may not employ or allow a person younger than 16 years of age to manufacture, distribute, sell, or purchase fireworks in the course of the person's business. (b) Except as provided by Subsecti…

Sec. 2154.301. DISCIPLINARY POWERS OF COMMISSIONER. (a) The commissioner may, through the state fire marshal, suspend, revoke, or refuse to issue or renew a license or permit if the commissioner finds that any provision of this chapter, or any rule adopted under this chapter, has…

Sec. 2154.302. DISCIPLINARY HEARING. (a) If the state fire marshal proposes to suspend, revoke, or refuse to renew a person's license or permit, the person is entitled to a hearing conducted by the State Office of Administrative Hearings. (b) Disciplinary proceedings are governed…

Sec. 2154.303. PENALTIES. (a) A person commits an offense if the person violates Section 2154.101(b), (c)(2), or (d), 2154.151(e), or 2154.201(a), (b)(2), or (c) or Subchapter F. (b) Except as provided by Subsection (c), an offense under this section is a Class B misdemeanor. (c)…

Sec. 2154.304. SEIZURE OF ILLEGAL FIREWORKS. (a) The state fire marshal, a fire chief, a fire marshal, their deputies, or a peace officer may seize illegal fireworks. Fireworks seized in the enforcement of this chapter shall be kept in the custody of the seizing agent or the sher…