HB1629

Regular Session

Relating to fireworks sales to the public by retail fireworks permit holders in certain counties.

LowStandard timeline

Low Cost

Effective:2025-06-20

Enforcing Agencies

County Commissioners Courts (Authority to approve/deny sales in the new 100-150 mile zone)

Compliance Analysis

Key implementation requirements and action items for compliance with this legislation

Implementation Timeline

Effective Date: June 20, 2025
Compliance Deadline: May 1, 2026 (The effective date occurs after the 2025 Cinco de Mayo window; the first legal sales period under this statute begins May 1, 2026).
Agency Rulemaking: No state-level rulemaking is required. However, County Commissioners Courts must pass local orders authorizing these sales. There is no automatic "right to sell" without this local legislative action.

Immediate Action Plan

1. Verify Geography: Confirm your retail locations fall within the new 100–150 mile band using GIS mapping.
2. Lobby Local Government: Contact your County Commissioner immediately to request the "May Fireworks Sales Order" be placed on the agenda for Q1 2026.
3. Update Insurance: Instruct your broker to prepare a quote for adding the May 1–5 coverage window to your 2026 policy.
4. Renegotiate Leases: Contact landlords to secure site access for late April 2026 setup.

Operational Changes Required

Contracts

Lease Agreements: Existing land leases likely cover only July 4th and New Year's seasons. You must execute addendums to Master Lease Agreements (MLA) to secure site occupancy rights for late April through May 5.
Insurance Policies: Commercial General Liability (CGL) policies for fireworks stands are often season-specific. You must contact your broker to endorse the policy for the May 1–5 window; operating without this endorsement constitutes a breach of contract and leaves the business uninsured.

Hiring/Training

Staffing Adjustments: Unlike summer or winter breaks, the May 1–5 window occurs while schools are in session. You cannot rely on student labor. You must recruit non-student temporary staff or adjust shifts to evening-only hours.

Reporting & Record-Keeping

Geographic Verification: You must retain documentation (GIS mapping or surveyor certification) proving the retail site is within the 150-mile statutory limit to satisfy state inspectors.
Local Authorization: You must obtain a certified copy of the County Commissioners Court order approving the May sales. This document must be available for inspection at the stand alongside your state permit.

Fees & Costs

Insurance Premiums: Expect a pro-rated premium increase for the additional coverage period.
Lease Costs: Landlords may require additional rent for the added operational days.

Strategic Ambiguities & Considerations

Distance Measurement: The statute sets the limit at "150 miles" but does not specify the method of measurement (e.g., straight-line radius vs. drivable road miles). Standard interpretation defaults to "as the crow flies," but sites on the borderline (e.g., 150.5 miles) face regulatory risk.
County Discretion: The law is opt-in for counties. It does not provide criteria for a county to deny sales, nor does it provide an appeals process. If a Commissioners Court refuses to place the item on the agenda, you have no statutory recourse to force the sale.

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Legislative Timeline

This bill's path through the Texas Legislature

TopicsAmusements, Games, Sports County Government County Government--general Safety Safety--fireworks Border

Official Analysis

View HRO Analysis View All Bill Documents

BILL ANALYSIS

H.B. 1629

By: Landgraf

Intergovernmental Affairs

Committee Report (Unamended)

BACKGROUND AND PURPOSE

Under current state law, a retail fireworks permit holder may sell fireworks to the public around the time of the Cinco de Mayo holiday only if the fireworks are sold within 100 miles of the Texas-Mexico border and only in counties in which the commissioners court has approved the sale of fireworks. The bill author has informed the committee that because Ector County falls outside of this distance threshold, the county commissioners court currently does not have the option to approve the sale of fireworks for the holiday. H.B. 1629 seeks to address this issue and give Ector County that option by extending from 100 miles to 150 miles the distance from the Texas-Mexico border within which a retail fireworks permit holder may sell fireworks to the public around the time of the Cinco de Mayo holiday in a county in which the county commissioners court approves the sale.

CRIMINAL JUSTICE IMPACT

It is the committee's opinion that this bill does not expressly create a criminal offense, increase the punishment for an existing criminal offense or category of offenses, or change the eligibility of a person for community supervision, parole, or mandatory supervision.

RULEMAKING AUTHORITY

It is the committee's opinion that this bill does not expressly grant any additional rulemaking authority to a state officer, department, agency, or institution.

ANALYSIS

H.B. 1629 amends the Occupations Code to extend from 100 miles to 150 miles the distance from the Texas-Mexico border within which a retail fireworks permit holder may sell fireworks to the public during the period beginning May 1 and ending at midnight on May 5 in a county in which the commissioners court has approved the sale of fireworks during the period.

EFFECTIVE DATE

On passage, or, if the bill does not receive the necessary vote, September 1, 2025.

House Authors

Rep. Brooks LandgrafRepublican · Primary Author

Joint Authors

Philip Cortez (D)

Coauthors (2)

Senate Sponsor

Sen. Judith ZaffiriniDemocrat · Primary Sponsor

Bill Text(with markup)

H.B. No. 1629

View bill text in multiple formats on Texas Legislature website

Fiscal NoteView Original

	AN ACT
	relating to fireworks sales to the public by retail fireworks
	permit holders in certain counties.
	BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
	SECTION 1. Section 2154.202(g), Occupations Code, is
	amended to read as follows:
	(g) Except as provided by Subsection (h), a retail fireworks
	permit holder may sell fireworks only to the public, and only during
	periods:
	(1) beginning June 24 and ending at midnight on July 4;
	(2) beginning December 20 and ending at midnight on
	January 1 of the following year; and
	(3) beginning May 1 and ending at midnight on May 5 if
	the fireworks are sold at a location that is not more than 150 [~~100~~]
	miles from the Texas-Mexico border and that is in a county in which
	the commissioners court of the county has approved the sale of
	fireworks during the period.
	SECTION 2. This Act takes effect immediately if it receives
	a vote of two-thirds of all the members elected to each house, as
	provided by Section 39, Article III, Texas Constitution. If this
	Act does not receive the vote necessary for immediate effect, this
	Act takes effect September 1, 2025.

LEGISLATIVE BUDGET BOARD
Austin, Texas

FISCAL NOTE, 89TH LEGISLATIVE REGULAR SESSION


April 4, 2025

TO:	Honorable Cecil Bell, Chair, House Committee on Intergovernmental Affairs

FROM:	Jerry McGinty, Director, Legislative Budget Board

IN RE:	HB1629 by Landgraf (Relating to fireworks sales to the public by retail fireworks permit holders in certain counties.), As Introduced

No significant fiscal implication to the State is anticipated.

It is assumed that any revenue implications associated with the bill would be insignificant.

Local Government Impact

No significant fiscal implication to units of local government is anticipated.

Source Agencies:

304 Comptroller of Public Accounts

LBB Staff:

JMc, SZ, BC, CWi

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Frequently Asked Questions

Common questions about HB1629

What does Texas HB1629 do?

HB1629 amends the Texas Occupations Code to expand the eligibility radius for the "Cinco de Mayo" (May 1–5) fireworks sales season from 100 miles to 150 miles from the Texas-Mexico border. Retailers located within this new 50-mile "Expansion Zone" may now operate during this window, but only if they secure affirmative authorization from their local County Commissioners Court. Implementation Timeline Effective Date: June 20, 2025 Compliance Deadline: May 1, 2026 (The effective date occurs after the 2025 Cinco de Mayo window; the first legal sales period under this statute begins May 1, 2026).

Who authored HB1629?

HB1629 was authored by Texas Representative Brooks Landgraf during the Regular Session.

When was HB1629 signed into law?

HB1629 was signed into law by Governor Greg Abbott on June 20, 2025.

Which agencies enforce HB1629?

HB1629 is enforced by County Commissioners Courts (Authority to approve/deny sales in the new 100-150 mile zone).

How urgent is compliance with HB1629?

The compliance urgency for HB1629 is rated as "low". Businesses and organizations should review the requirements and timeline to ensure timely compliance.

What is the cost impact of HB1629?

The cost impact of HB1629 is estimated as "low". This may vary based on industry and implementation requirements.

What topics does HB1629 address?

HB1629 addresses topics including amusements, games, sports, county government, county government--general, safety and safety--fireworks.

Legislative data provided by LegiScanLast updated: November 25, 2025

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