HB5084

Regular Session

Relating to the sale of fireworks on and before the Lunar New Year holiday.

ModeratePlan for compliance

Low Cost

Effective:2025-06-20

Enforcing Agencies

County Commissioners Courts (Must affirmatively approve sales) • Texas Department of Insurance (State Fire Marshal's Office)

Compliance Analysis

Key implementation requirements and action items for compliance with this legislation

Implementation Timeline

Effective Date: June 20, 2025.
Compliance Deadline: Immediate for lease and insurance negotiations. The first actionable sales window will occur in early 2026 (dependent on the lunar calendar).
Agency Rulemaking: The Texas Department of Insurance (State Fire Marshal’s Office) is not required to promulgate new rules immediately, but local County Commissioners Courts must issue Orders of Authorization prior to the holiday for sales to be legal.

Immediate Action Plan

1. Identify Target Counties: Determine which jurisdictions you intend to operate in for early 2026.
2. Lobby Immediately: Contact County Commissioners in Q3 2025 to place the authorization vote on their agenda. Do not stock inventory without a confirmed vote.
3. Audit Insurance: Contact your broker to add the floating window endorsement to your 2025-2026 policy.
4. Update Leases: Send addendums to landowners immediately to secure rights to the property for the variable dates.

Operational Changes Required

Contracts

Commercial Leases: Standard seasonal leases with fixed dates (e.g., June/December) are insufficient. You must execute lease addendums containing a "Floating Holiday Clause" that grants possession of the property for the variable Lunar New Year window.
Insurance Policies: Review Commercial General Liability (CGL) and Product Liability policies. Most policies define coverage by specific dates. You must secure a rider or endorsement explicitly covering the "Lunar New Year sales period as defined by Texas Occupations Code 2154.202(g)(4)" to avoid operating uninsured.

Hiring/Training

Labor Agreements: Staffing contracts must be amended to cover a 6-day micro-season. Since Lunar New Year often falls on weekdays, reliance on student labor may be restricted; adjust staffing models accordingly.

Reporting & Record-Keeping

Proof of Authorization: You must obtain a certified copy of the County Commissioners Court order approving sales for the current year. This document must be physically present at the retail stand for State Fire Marshal inspections.
POS Configuration: Point of Sale systems must be manually updated annually to reflect the shifting dates of the lunisolar calendar. Program systems to hard-stop sales at midnight on the day of the Lunar New Year to prevent inadvertent violations.

Fees & Costs

No New State Fees: The bill does not impose new state licensing fees.
Local Variances: Anticipate potential administrative filing fees at the county level depending on local procedures for placing items on the Commissioners Court agenda.

Strategic Ambiguities & Considerations

"Five Days Before": The statute defines the window as "beginning five days before Lunar New Year." It is currently unclear if the State Fire Marshal will interpret this as 120 hours (5 full 24-hour periods) or 5 calendar days. Guidance: Until clarified by the Fire Marshal, interpret this conservatively as 5 calendar days to avoid enforcement actions regarding opening times.
County Approval Timing: The law does not set a deadline for counties to opt-in. A county could theoretically approve sales 24 hours before the window opens. Guidance: Do not rely on last-minute votes. Push for standing orders or votes in the preceding Q4.

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Legislative Timeline

This bill's path through the Texas Legislature

TopicsLunar New Year Holidays Safety Safety--fireworks

Official Analysis

View HRO Analysis View All Bill Documents

BILL ANALYSIS

H.B. 5084

By: Gerdes

Intergovernmental Affairs

Committee Report (Unamended)

BACKGROUND AND PURPOSE

The bill author has informed the committee that Lunar New Year is culturally significant to a vast and growing number of Texans, and that part of the cultural tradition of the holiday is using consumer fireworks for celebrations. The bill author has further informed the committee that cultural groups that celebrate Lunar New Year have come forward requesting access to fireworks during their unique holiday. H.B. 5084 seeks to fulfill this request and acknowledge the celebrants of Lunar New Year by authorizing the sale of fireworks on and during the five days leading up to the holiday.

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. 5084 amends the Occupations Code to authorize a retail fireworks permit holder to sell fireworks to the public during the period beginning five days before Lunar New Year and ending at midnight on Lunar New Year.

EFFECTIVE DATE

September 1, 2025.

House Authors

Rep. Stan GerdesRepublican · Primary Author

Coauthors (4)

Senate Sponsors

Sen. Roland GutierrezDemocrat · Primary Sponsor

Cosponsors (1)

Adam Hinojosa (R)

Bill Text(with markup)

H.B. No. 5084

View bill text in multiple formats on Texas Legislature website

Fiscal NoteView Original

	AN ACT
	relating to the sale of fireworks on and before the Lunar New Year
	holiday.
	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 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; and
	(4) beginning five days before Lunar New Year and
	ending at midnight on Lunar New Year 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 September 1, 2025.

LEGISLATIVE BUDGET BOARD
Austin, Texas

FISCAL NOTE, 89TH LEGISLATIVE REGULAR SESSION


April 25, 2025

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

FROM:	Jerry McGinty, Director, Legislative Budget Board

IN RE:	HB5084 by Gerdes (Relating to the sale of fireworks on and before the Lunar New Year holiday.), As Introduced

No significant fiscal implication to the State is anticipated.

It is assumed that any costs associated with the bill could be absorbed using existing resources.

Local Government Impact

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

Source Agencies:

454 Department of Insurance

LBB Staff:

JMc, SZ, BFa

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Frequently Asked Questions

Common questions about HB5084

What does Texas HB5084 do?

HB5084 amends the Texas Occupations Code to authorize a fourth retail fireworks sales window for the Lunar New Year, effective June 20, 2025. This opportunity is strictly conditional: unlike July 4th or New Year's Eve, retailers are prohibited from selling during this period unless the County Commissioners Court in the specific jurisdiction affirmatively votes to authorize the sale. Implementation Timeline Effective Date: June 20, 2025.

Who authored HB5084?

HB5084 was authored by Texas Representative Stan Gerdes during the Regular Session.

When was HB5084 signed into law?

HB5084 was signed into law by Governor Greg Abbott on June 20, 2025.

Which agencies enforce HB5084?

HB5084 is enforced by County Commissioners Courts (Must affirmatively approve sales) and Texas Department of Insurance (State Fire Marshal's Office).

How urgent is compliance with HB5084?

The compliance urgency for HB5084 is rated as "moderate". Businesses and organizations should review the requirements and timeline to ensure timely compliance.

What is the cost impact of HB5084?

The cost impact of HB5084 is estimated as "low". This may vary based on industry and implementation requirements.

What topics does HB5084 address?

HB5084 addresses topics including lunar new year, holidays, safety and safety--fireworks.

Legislative data provided by LegiScanLast updated: November 25, 2025

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