Chapter 50 of the Penal Code addresses the unlawful use of fireworks. Section 50.01 is the chapter's definitions provision, adopting the meanings assigned by the Occupations Code for fireworks and related terms.
The Regulatory Layers
Fireworks in Texas are governed by more than one body of law, and the charge depends on where the conduct occurred:
- The Penal Code — Chapter 50, addressing unlawful use.
- The Occupations Code — the licensing and regulatory framework administered by the Texas State Fire Marshal, which defines the categories of fireworks.
- County orders — Texas counties may restrict or prohibit certain fireworks, particularly during drought conditions and burn bans.
- Municipal ordinances — cities commonly prohibit possession, sale, and discharge outright.
In Harris County Specifically
Inside the City of Houston, possession, sale, and discharge of fireworks is prohibited by city ordinance. HFD and HPD enforce it around July 4th and New Year's Eve, and complaints spike on those nights.
In unincorporated Harris County, the rules differ and are affected by county orders and burn bans. Many of the surrounding municipalities — including the suburbs covered on our Pasadena, Katy, Cypress, Spring, Baytown, Pearland, and Sugar Land pages — have their own ordinances.
The practical consequence is that the same conduct is lawful on one side of a street and an offense on the other, and the charging instrument has to identify which authority applies.
What Turns a Citation Into Something Serious
The fireworks offense itself is minor. The charges that follow when something goes wrong are not:
- Property damage → criminal mischief or reckless damage, graded by loss
- Fire → arson, a felony
- Injury → deadly conduct or assault
- Firearms → discharge of a firearm in certain municipalities, a Class A misdemeanor, which is the charge that most often follows a holiday night in Houston
Defenses
Location. Which jurisdiction, and which rule, applied where the conduct occurred. County lines and city limits are frequently misidentified in reports.
Definition. Whether the item met the statutory definition of fireworks — sparklers, novelties, and certain items are treated differently.
Identification. On a night when an entire neighborhood is setting off fireworks, attributing a specific discharge to a specific person is often impossible.
Possession. Fireworks in a shared vehicle or at a group gathering raise the ordinary affirmative-links problems.
Related
- Discharge of a firearm in certain municipalities (42.12)
- Criminal mischief (28.03) · Deadly conduct (22.05)
- Preemption (1.08) — when a city ordinance is and is not enforceable
Charged in Harris County?
Brian Foley is Board Certified in Criminal Law by the Texas Board of Legal Specialization and a former Harris County Felony Chief Prosecutor; Luis Baez is a former Trial Bureau Chief. Call or text (713) 703-1718 for a free, confidential consultation.