Legal Services

	"The commissioners court adopted a burn ban, yet I'm still seeing fireworks stands pop up all over the county. Doesn't the burn ban prohibit the sale and use of fireworks?"

Can a burn ban restrict the use of fireworks?

No. The burn ban statute, Local Government Code §352.081, does not mention fireworks. There is a specific fireworks statute, Local Government Code §352.051, which only authorizes the commissioners court to regulate the use of fireworks under limited circumstances. Additionally, the county judge has the authority to restrict the use of fireworks in a declaration of local disaster. For more information, see our publication Burn Ban, Regulation of Fireworks, and Declaration of Local Disaster.