reglab/statecodes huggingface dataset:
2023 Texas Statutes › Occupations Code › Title 13 - Sports, Amusements, and Entertainment › Subtitle D - Other Amusements and Entertainment › Chapter 2153 - Coin-Operated Machines › Subchapter G. License and Registration Denial and Disciplinary Proceedings › Section 2153.303. Mandatory Denial of License for Failure to Comply With Certain Provisions

Sec. 2153.303.  MANDATORY DENIAL OF LICENSE FOR FAILURE TO COMPLY WITH CERTAIN PROVISIONS.  The comptroller may not issue or renew a license if the applicant fails to:
(1)  designate and maintain an office located in the state as required by Section 2153.153;  or
(2)  allow the comptroller to inspect records that the applicant is required to maintain under this chapter.
Acts 1999, 76th Leg., ch. 388, Sec. 1, eff. Sept. 1, 1999.
2023 Texas Statutes › Occupations Code › Title 13 - Sports, Amusements, and Entertainment › Subtitle D - Other Amusements and Entertainment › Chapter 2153 - Coin-Operated Machines › Subchapter G. License and Registration Denial and Disciplinary Proceedings › Section 2153.304. Mandatory Disciplinary Action Based on Nonpayment

Sec. 2153.304.  MANDATORY DISCIPLINARY ACTION BASED ON NONPAYMENT.  The comptroller may not issue or renew and shall revoke or suspend a license or registration certificate if the applicant or license or registration certificate holder fails to pay outstanding fees, costs, penalties, or taxes to the state.
Acts 1999, 76th Leg., ch. 388, Sec. 1, eff. Sept. 1, 1999.
2023 Texas Statutes › Occupations Code › Title 13 - Sports, Amusements, and Entertainment › Subtitle D - Other Amusements and Entertainment › Chapter 2153 - Coin-Operated Machines › Subchapter G. License and Registration Denial and Disciplinary Proceedings › Section 2153.305. Discretionary Disciplinary Action

Sec. 2153.305.  DISCRETIONARY DISCIPLINARY ACTION.  (a)  The comptroller may refuse to issue or renew or may suspend or revoke a license or registration certificate if:
(1)  the applicant or license or registration certificate holder violates this chapter or a rule adopted under this chapter;
(2)  the applicant or license or registration certificate holder fails to answer a question or makes a false statement in, or in connection with, an application;
(3)  the applicant or license or registration certificate holder extends or lends credit without notifying the commissioner of the person's intent to extend or lend credit as required by Section 2153.253;
(4)  the applicant or license or registration certificate holder uses coercion to accomplish a purpose or engage in conduct regulated by the comptroller;  or
(5)  the applicant or license or registration certificate holder enters into a contract or agreement with the owner of the location of a coin-operated machine and the contract or agreement contains any kind of restriction relating to the location owner's right to purchase, agree to purchase, or use a product, commodity, or service that is not regulated under this chapter.
(b)  The comptroller shall suspend or revoke a license or registration certificate if failure to suspend or revoke the license or registration would be contrary to the intent and purpose of this chapter.
Acts 1999, 76th Leg., ch. 388, Sec. 1, eff. Sept. 1, 1999.
2023 Texas Statutes › Occupations Code › Title 13 - Sports, Amusements, and Entertainment › Subtitle D - Other Amusements and Entertainment › Chapter 2153 - Coin-Operated Machines › Subchapter G. License and Registration Denial and Disciplinary Proceedings › Section 2153.306. Determination Hearing

Sec. 2153.306.  DETERMINATION HEARING.  (a)  An applicant for a license or registration certificate or a license or registration certificate holder is entitled to not less than 20 days' written notice and, if requested, a hearing in the following instances:
(1)  after an application for an original or renewal license or registration certificate has been refused;
(2)  before the comptroller may revoke a license or registration certificate;  and
(3)  before the comptroller may impose any other sanction under this chapter other than the sealing of a machine.
(b)  Written notice required by Subsection (a) may:
(1)  be personally served by the comptroller or the comptroller's authorized representative;
(2)  be sent by United States certified mail addressed to the last known address of the applicant or license or registration certificate holder;  or
(3)  if, after due diligence, notice cannot be given as provided by Subdivision (1) or (2), be given by any reasonable method of notice prescribed by the comptroller calculated to inform a person of average intelligence and prudence in the conduct of the person's affairs, including publishing notice in a newspaper of general circulation in the area in which the applicant or license or registration holder conducts the person's business activities.
Acts 1999, 76th Leg., ch. 388, Sec. 1, eff. Sept. 1, 1999.
2023 Texas Statutes › Occupations Code › Title 13 - Sports, Amusements, and Entertainment › Subtitle D - Other Amusements and Entertainment › Chapter 2153 - Coin-Operated Machines › Subchapter G. License and Registration Denial and Disciplinary Proceedings › Section 2153.307. Judicial Review

Sec. 2153.307.  JUDICIAL REVIEW.  A person affected by a decision of the comptroller under this chapter may appeal the decision to a district court in Travis County.
Acts 1999, 76th Leg., ch. 388, Sec. 1, eff. Sept. 1, 1999.
2023 Texas Statutes › Occupations Code › Title 13 - Sports, Amusements, and Entertainment › Subtitle D - Other Amusements and Entertainment › Chapter 2153 - Coin-Operated Machines › Subchapter H. Penalties and Enforcement Provisions › Section 2153.351. Consent to Entry

Sec. 2153.351.  CONSENT TO ENTRY.  Acceptance of a license or registration certificate constitutes consent that the comptroller or a peace officer may freely enter the licensed business premises of the license or registration certificate holder during normal business hours to ensure compliance with this chapter.
Acts 1999, 76th Leg., ch. 388, Sec. 1, eff. Sept. 1, 1999.
2023 Texas Statutes › Occupations Code › Title 13 - Sports, Amusements, and Entertainment › Subtitle D - Other Amusements and Entertainment › Chapter 2153 - Coin-Operated Machines › Subchapter H. Penalties and Enforcement Provisions › Section 2153.352. Sealing of Machines

Sec. 2153.352.  SEALING OF MACHINES.  (a)  The comptroller or an authorized representative of the comptroller may seal a coin-operated machine in a manner that prevents the full operation of the machine if:
(1)  the license or registration certificate of the person exhibiting or displaying the machine is suspended or revoked;
(2)  the owner fails to pay a tax on the machine;  or
(3)  the machine is not registered with the comptroller under this chapter.
(b)  The comptroller shall charge a $50 fee to release a coin-operated machine sealed under this section.  The fee shall be paid to the comptroller.
Acts 1999, 76th Leg., ch. 388, Sec. 1, eff. Sept. 1, 1999.
2023 Texas Statutes › Occupations Code › Title 13 - Sports, Amusements, and Entertainment › Subtitle D - Other Amusements and Entertainment › Chapter 2153 - Coin-Operated Machines › Subchapter H. Penalties and Enforcement Provisions › Section 2153.353. Injunction

Sec. 2153.353.  INJUNCTION.  (a)  The attorney general may commence an action, at the comptroller's request, against a person who does not hold a license or registration certificate to enjoin the person from engaging in the business of manufacturing, owning, selling, renting, leasing, trading, lending, furnishing to another, maintaining, transporting, storing, or importing a music or skill or pleasure coin-operated machine.
(b)  Venue for a suit filed under Subsection (a) is in a district court in Travis County.
Acts 1999, 76th Leg., ch. 388, Sec. 1, eff. Sept. 1, 1999.
2023 Texas Statutes › Occupations Code › Title 13 - Sports, Amusements, and Entertainment › Subtitle D - Other Amusements and Entertainment › Chapter 2153 - Coin-Operated Machines › Subchapter H. Penalties and Enforcement Provisions › Section 2153.354. Civil Penalty

Sec. 2153.354.  CIVIL PENALTY.  (a)  The comptroller may assess a penalty of not less than $50 or more than $2,000 against:
(1)  an owner who permits a coin-operated machine under the owner's control to be operated, exhibited, or displayed in this state without a tax permit as required by Section 2153.406;  or
(2)  a person who:
(A)  exhibits or displays a coin-operated machine in this state without a tax permit as required by Section 2153.406;
(B)  exhibits or displays a coin-operated machine that is not registered;
(C)  does not maintain the records required under this chapter;
(D)  refuses or fails to make records available for inspection on request by the comptroller or an authorized representative of the comptroller;
(E)  uses an artful device or deceptive practice to conceal a violation of this chapter;
(F)  misleads the comptroller or an authorized representative of the comptroller in connection with the enforcement of this chapter;  or
(G)  violates this chapter or a rule adopted under this chapter.
(b)  The comptroller may assess a penalty under this section for each day a violation occurs.
(c)  A penalty assessed under this section may be recovered by:
(1)  the comptroller in the same manner as is provided by Subtitle B, Title 2, Tax Code, for the recovery of delinquent taxes;  or
(2)  the attorney general in a suit filed in Travis County.
(d)  A penalty assessed under this section is in addition to any other remedy authorized under this chapter.
Acts 1999, 76th Leg., ch. 388, Sec. 1, eff. Sept. 1, 1999.
2023 Texas Statutes › Occupations Code › Title 13 - Sports, Amusements, and Entertainment › Subtitle D - Other Amusements and Entertainment › Chapter 2153 - Coin-Operated Machines › Subchapter H. Penalties and Enforcement Provisions › Section 2153.355. Criminal Offense; General Violations

Sec. 2153.355.  CRIMINAL OFFENSE;  GENERAL VIOLATIONS.  (a)  A person commits an offense if the person:
(1)  exhibits or displays a coin-operated machine in this state for which outstanding tax is due;
(2)  falsifies, fails to maintain, or refuses or fails to make available to the comptroller or an authorized representative of the comptroller, on request, records of coin-operated machines that the person is required to maintain;
(3)  uses an artful device or deceptive practice in this state to conceal a violation of this chapter;
(4)  misleads the comptroller or an authorized representative of the comptroller in connection with the enforcement of this chapter;
(5)  breaks a seal attached by the comptroller or an authorized representative of the comptroller under Section 2153.352 without the comptroller's approval;
(6)  exhibits or displays a coin-operated machine that has a broken seal without the comptroller's approval;
(7)  removes a coin-operated machine from the location where the comptroller affixed a seal to the machine;  or
(8)  violates this chapter or a rule adopted under this chapter.
(b)  An offense under this section is a Class C misdemeanor.
Acts 1999, 76th Leg., ch. 388, Sec. 1, eff. Sept. 1, 1999.
2023 Texas Statutes › Occupations Code › Title 13 - Sports, Amusements, and Entertainment › Subtitle D - Other Amusements and Entertainment › Chapter 2153 - Coin-Operated Machines › Subchapter H. Penalties and Enforcement Provisions › Section 2153.356. Criminal Offense; Operating Without a License or Registration Certificate

Sec. 2153.356.  CRIMINAL OFFENSE;  OPERATING WITHOUT A LICENSE OR REGISTRATION CERTIFICATE.  (a)  A person commits an offense if the person knowingly violates Section 2153.151.
(b)  An offense under this section is a Class A misdemeanor.
Acts 1999, 76th Leg., ch. 388, Sec. 1, eff. Sept. 1, 1999.
2023 Texas Statutes › Occupations Code › Title 13 - Sports, Amusements, and Entertainment › Subtitle D - Other Amusements and Entertainment › Chapter 2153 - Coin-Operated Machines › Subchapter H. Penalties and Enforcement Provisions › Section 2153.357. Criminal Offense; Obtaining a License by Fraud

Sec. 2153.357.  CRIMINAL OFFENSE;  OBTAINING A LICENSE BY FRAUD.  (a)  A person commits an offense if the person knowingly obtains or attempts to obtain a license by fraud, misrepresentation, or subterfuge.
(b)  An offense under this section is a felony of the second degree.
Acts 1999, 76th Leg., ch. 388, Sec. 1, eff. Sept. 1, 1999.
2023 Texas Statutes › Occupations Code › Title 13 - Sports, Amusements, and Entertainment › Subtitle D - Other Amusements and Entertainment › Chapter 2153 - Coin-Operated Machines › Subchapter H. Penalties and Enforcement Provisions › Section 2153.358. Criminal Offense; Failure to Report or Provide Information

Sec. 2153.358.  CRIMINAL OFFENSE;  FAILURE TO REPORT OR PROVIDE INFORMATION.  (a)  A person commits an offense if the person intentionally:
(1)  fails or refuses to report information to the comptroller as required by Section 2153.202;  or
(2)  withholds or conceals information required to be reported under Section 2153.202 from a person designated as responsible for reporting to the comptroller the information required under that section.
(b)  An offense under this section is a Class B misdemeanor.
Acts 1999, 76th Leg., ch. 388, Sec. 1, eff. Sept. 1, 1999.
2023 Texas Statutes › Occupations Code › Title 13 - Sports, Amusements, and Entertainment › Subtitle D - Other Amusements and Entertainment › Chapter 2153 - Coin-Operated Machines › Subchapter H. Penalties and Enforcement Provisions › Section 2153.359. Criminal Offense; Prohibited Transactions

Sec. 2153.359.  CRIMINAL OFFENSE;  PROHIBITED TRANSACTIONS.  (a)  A person commits an offense if the person:
(1)  personally or by an agent, contracts orally or in writing to convey by lease, sublease, or other form an interest in real property if:
(A)  the person has a financial interest in a business required to be licensed under this chapter;  and
(B)  the contract contains a provision that limits the other party's right to obtain a music or skill or pleasure coin-operated machine from any source;  or
(2)  obtains or attempts to obtain a contract of lease or bailment of a music or skill or pleasure coin-operated machine by coercion, threats, or intimidation, or through the commission of, or threat to commit, an act prohibited by a state penal law or Title 4, Finance Code.
(b)  An offense under this section is a felony of the third degree.
Acts 1999, 76th Leg., ch. 388, Sec. 1, eff. Sept. 1, 1999.
2023 Texas Statutes › Occupations Code › Title 13 - Sports, Amusements, and Entertainment › Subtitle D - Other Amusements and Entertainment › Chapter 2153 - Coin-Operated Machines › Subchapter H. Penalties and Enforcement Provisions › Section 2153.360. Criminal Offense; Removal of Tax Permit

Sec. 2153.360.  CRIMINAL OFFENSE;  REMOVAL OF TAX PERMIT.  (a)  A person may not remove or cause the removal of a tax permit from a music or skill or pleasure coin-operated machine.
(b)  A person commits an offense if the person violates Subsection (a).
(c)  An offense under this section is a Class B misdemeanor.
Acts 1999, 76th Leg., ch. 388, Sec. 1, eff. Sept. 1, 1999.
2023 Texas Statutes › Occupations Code › Title 13 - Sports, Amusements, and Entertainment › Subtitle D - Other Amusements and Entertainment › Chapter 2153 - Coin-Operated Machines › Subchapter H. Penalties and Enforcement Provisions › Section 2153.361. Criminal Offense; Sealed Machines

Sec. 2153.361.  CRIMINAL OFFENSE;  SEALED MACHINES.  (a)  A person commits an offense if the person:
(1)  breaks a seal attached in the name of a county or municipality;
(2)  exhibits or displays a coin-operated machine that has a broken seal;  or
(3)  removes from its location a coin-operated machine that has a broken seal.
(b)  An offense under this section is a Class C misdemeanor.
Acts 1999, 76th Leg., ch. 388, Sec. 1, eff. Sept. 1, 1999.
2023 Texas Statutes › Occupations Code › Title 13 - Sports, Amusements, and Entertainment › Subtitle D - Other Amusements and Entertainment › Chapter 2153 - Coin-Operated Machines › Subchapter H. Penalties and Enforcement Provisions › Section 2153.362. Criminal Offense; Disclosure of Confidential Information

Sec. 2153.362.  CRIMINAL OFFENSE;  DISCLOSURE OF CONFIDENTIAL INFORMATION.  (a)  An employee of the comptroller or attorney general commits an offense if the employee discloses to an unauthorized person confidential information obtained under this chapter.
(b)  An offense under this section is a Class C misdemeanor.
Acts 1999, 76th Leg., ch. 388, Sec. 1, eff. Sept. 1, 1999.
2023 Texas Statutes › Occupations Code › Title 13 - Sports, Amusements, and Entertainment › Subtitle D - Other Amusements and Entertainment › Chapter 2153 - Coin-Operated Machines › Subchapter I. State Occupation Tax › Section 2153.401. Imposition of Tax

Sec. 2153.401.  IMPOSITION OF TAX.  (a)  An occupation tax is imposed on each coin-operated machine that an owner exhibits or displays, or permits to be exhibited or displayed in this state.
(b)  The tax rate is $60 per year.
Acts 1999, 76th Leg., ch. 388, Sec. 1, eff. Sept. 1, 1999.
2023 Texas Statutes › Occupations Code › Title 13 - Sports, Amusements, and Entertainment › Subtitle D - Other Amusements and Entertainment › Chapter 2153 - Coin-Operated Machines › Subchapter I. State Occupation Tax › Section 2153.402. Exemption

Sec. 2153.402.  EXEMPTION.  The tax imposed under this subchapter does not apply to an owner of a coin-operated machine or a machine that is exempt from the tax under another provision of this chapter or if the owner:
(1)  holds an import license;  and
(2)  possesses the coin-operated machine for resale only.
Acts 1999, 76th Leg., ch. 388, Sec. 1, eff. Sept. 1, 1999.
2023 Texas Statutes › Occupations Code › Title 13 - Sports, Amusements, and Entertainment › Subtitle D - Other Amusements and Entertainment › Chapter 2153 - Coin-Operated Machines › Subchapter I. State Occupation Tax › Section 2153.403. Prorated Tax

Sec. 2153.403.  PRORATED TAX.  The tax on a coin-operated machine first exhibited or displayed in this state after March 31 is one-fourth of the tax imposed under Section 2153.401 for each quarter or partial quarter of the calendar year remaining after the date the owner first exhibits or displays the coin-operated machine.
Acts 1999, 76th Leg., ch. 388, Sec. 1, eff. Sept. 1, 1999.
2023 Texas Statutes › Occupations Code › Title 13 - Sports, Amusements, and Entertainment › Subtitle D - Other Amusements and Entertainment › Chapter 2153 - Coin-Operated Machines › Subchapter I. State Occupation Tax › Section 2153.404. Collection

Sec. 2153.404.  COLLECTION.  (a)  The comptroller shall collect the tax.
(b)  In collecting the tax, the comptroller may:
(1)  collect the tax on a quarterly basis;
(2)  establish procedures for quarterly collection of the tax;  and
(3)  establish dates on which the tax payment is due.
(c)  An owner required to pay a tax under this section shall pay the tax to the comptroller by cashier's check or money order.
Acts 1999, 76th Leg., ch. 388, Sec. 1, eff. Sept. 1, 1999.
2023 Texas Statutes › Occupations Code › Title 13 - Sports, Amusements, and Entertainment › Subtitle D - Other Amusements and Entertainment › Chapter 2153 - Coin-Operated Machines › Subchapter I. State Occupation Tax › Section 2153.405. Refund or Credit Prohibited

Sec. 2153.405.  REFUND OR CREDIT PROHIBITED.  The comptroller may not refund or assign credit for the tax imposed under this subchapter to an owner who ceases to exhibit or display a coin-operated machine before the end of the calendar year for which the tax is imposed.
Acts 1999, 76th Leg., ch. 388, Sec. 1, eff. Sept. 1, 1999.
2023 Texas Statutes › Occupations Code › Title 13 - Sports, Amusements, and Entertainment › Subtitle D - Other Amusements and Entertainment › Chapter 2153 - Coin-Operated Machines › Subchapter I. State Occupation Tax › Section 2153.406. Tax Permit

Sec. 2153.406.  TAX PERMIT.  (a)  The comptroller shall issue a tax permit to an owner who pays the tax.
(b)  The comptroller may issue a duplicate tax permit to an owner if the owner's tax permit is lost, stolen, or destroyed.  The fee for a duplicate permit is $5.
(c)  Except as provided by Subsection (d), a tax permit shall be securely attached to the coin-operated machine for which the permit is issued in a manner that requires continued application of steam and water to remove the permit.
(d)  A person may not attach a tax permit to a coin-operated machine that is exhibited or displayed if the machine is not registered with the comptroller under this chapter.
Acts 1999, 76th Leg., ch. 388, Sec. 1, eff. Sept. 1, 1999.
2023 Texas Statutes › Occupations Code › Title 13 - Sports, Amusements, and Entertainment › Subtitle D - Other Amusements and Entertainment › Chapter 2153 - Coin-Operated Machines › Subchapter I. State Occupation Tax › Section 2153.407. Applicability of Tax Code

Sec. 2153.407.  APPLICABILITY OF TAX CODE.  Subtitle B, Title 2, Tax Code, applies to the administration, collection, and enforcement of taxes, penalties, and interest under this subchapter.
Acts 1999, 76th Leg., ch. 388, Sec. 1, eff. Sept. 1, 1999.
2023 Texas Statutes › Occupations Code › Title 13 - Sports, Amusements, and Entertainment › Subtitle D - Other Amusements and Entertainment › Chapter 2153 - Coin-Operated Machines › Subchapter J. County and Municipal Regulation › Section 2153.451. Imposition of Occupation Tax Authorized

Sec. 2153.451.  IMPOSITION OF OCCUPATION TAX AUTHORIZED.  (a)  A county or municipality may impose an occupation tax on a coin-operated machine in this state.
(b)  The rate of the tax may not exceed one-fourth of the rate of the tax imposed under Section 2153.401.
Acts 1999, 76th Leg., ch. 388, Sec. 1, eff. Sept. 1, 1999.
2023 Texas Statutes › Occupations Code › Title 13 - Sports, Amusements, and Entertainment › Subtitle D - Other Amusements and Entertainment › Chapter 2153 - Coin-Operated Machines › Subchapter J. County and Municipal Regulation › Section 2153.452. Zoning

Sec. 2153.452.  ZONING.  (a)  For purposes of zoning, a political subdivision of this state shall treat the exhibition of a music or skill or pleasure coin-operated machine in the same manner as the political subdivision treats the principal use of the property where the machine is exhibited.
(b)  Subsection (a) does not prohibit a municipality from restricting the exhibition of a coin-operated amusement machine within 300 feet of a church, school, or hospital.
Acts 1999, 76th Leg., ch. 388, Sec. 1, eff. Sept. 1, 1999.
2023 Texas Statutes › Occupations Code › Title 13 - Sports, Amusements, and Entertainment › Subtitle D - Other Amusements and Entertainment › Chapter 2153 - Coin-Operated Machines › Subchapter J. County and Municipal Regulation › Section 2153.453. Sealing Authorized; Release Fee

Sec. 2153.453.  SEALING AUTHORIZED;  RELEASE FEE.  A county or municipality that imposes an occupation tax on a coin-operated machine may:
(1)  seal a coin-operated machine if the tax imposed is not paid;  and
(2)  charge a fee of not more than $5 for the release of a sealed coin-operated machine.
Acts 1999, 76th Leg., ch. 388, Sec. 1, eff. Sept. 1, 1999.
2023 Texas Statutes › Occupations Code › Title 13 - Sports, Amusements, and Entertainment › Subtitle D - Other Amusements and Entertainment › Chapter 2154 - Regulation of Fireworks and Fireworks Displays › Subchapter A. General Provisions › Section 2154.002. Exemptions

Sec. 2154.002.  EXEMPTIONS.  This chapter does not apply to:
(1)  a toy pistol, toy cane, toy gun, or other device that uses paper or plastic caps in sheets, strips, rolls, or individual caps that contain not more than an average of 25 hundredths of a grain of explosive composition per cap and that is packed and shipped under 49 C.F.R. Part 173 (1996);
(2)  a model rocket or model rocket motor designed, sold, and used to propel recoverable aero models;
(3)  a propelling or expelling charge consisting of a mixture of sulfur, charcoal, and potassium nitrate;
(4)  novelties or trick noisemakers;
(5)  the sale, at wholesale, of any type of fireworks by a resident manufacturer, distributor, importer, or jobber if the fireworks are intended for shipment directly out of state under department regulations;
(6)  the sale or use of, in emergency situations, pyrotechnic signaling devices or distress signals for marine, aviation, or highway use;
(7)  the use of a fusee or a railway torpedo by a railroad;
(8)  the sale of blank cartridges for:
(A)  use in a radio, television, film, or theater production;
(B)  a signal or ceremonial purpose in an athletic event;  or
(C)  an industrial purpose;  or
(9)  the use of a pyrotechnic device by a military organization.
Acts 1999, 76th Leg., ch. 388, Sec. 1, eff. Sept. 1, 1999.
2023 Texas Statutes › Occupations Code › Title 13 - Sports, Amusements, and Entertainment › Subtitle D - Other Amusements and Entertainment › Chapter 2154 - Regulation of Fireworks and Fireworks Displays › Subchapter A. General Provisions › Section 2154.003. Permissible Fireworks

Sec. 2154.003.  PERMISSIBLE FIREWORKS.  (a)  Except as provided by Subsection (b), Fireworks 1.4G are permissible fireworks.
(b)  The following are not permissible fireworks:
(1)  sky rockets or "bottle rockets" with:
(A)  a total propellant charge of less than four grams;
(B)  a casing size of less than five-eighths of an inch for the outside diameter and less than 3-1/2 inches in length;  and
(C)  an overall length, including stick, of less than 15 inches;  and
(2)  other fireworks determined not acceptable by the United States Consumer Product Safety Commission.
(c)  The term "bottle rocket" may not be used in association with the advertisement or sale of fireworks.
(d)  In addition to the items described by Subsection (b), pop rockets with a propellant casing length of less than five inches, an exterior diameter of less than three-fourths of an inch, and an overall total rocket length of less than 26 inches are not permissible fireworks.
Acts 1999, 76th Leg., ch. 388, Sec. 1, eff. Sept. 1, 1999.
Amended by:
Acts 2007, 80th Leg., R.S., Ch. 1179 (H.B. 539), Sec. 1, eff. January 2, 2008.
2023 Texas Statutes › Occupations Code › Title 13 - Sports, Amusements, and Entertainment › Subtitle D - Other Amusements and Entertainment › Chapter 2154 - Regulation of Fireworks and Fireworks Displays › Subchapter A. General Provisions › Section 2154.004. Effect of Chapter on Local Regulation

Sec. 2154.004.  EFFECT OF CHAPTER ON LOCAL REGULATION.  (a)  A municipal or county ordinance, order, or rule in effect on January 2, 1986, is not invalidated by this chapter.
(b)  This chapter does not limit or restrict the authority of a county, where specifically authorized by law, or municipality to enact an ordinance or order prohibiting or further regulating fireworks.
Acts 1999, 76th Leg., ch. 388, Sec. 1, eff. Sept. 1, 1999.
2023 Texas Statutes › Occupations Code › Title 13 - Sports, Amusements, and Entertainment › Subtitle D - Other Amusements and Entertainment › Chapter 2154 - Regulation of Fireworks and Fireworks Displays › Subchapter B. Commissioner's Powers and Duties › Section 2154.051. Commissioner's Powers and Duties

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;  and
(4)  establish a procedure for reporting and processing complaints.
(b)  The commissioner may, after notice and opportunity for hearing, increase or decrease the limits of insurance coverage.
Acts 1999, 76th Leg., ch. 388, Sec. 1, eff. Sept. 1, 1999.
2023 Texas Statutes › Occupations Code › Title 13 - Sports, Amusements, and Entertainment › Subtitle D - Other Amusements and Entertainment › Chapter 2154 - Regulation of Fireworks and Fireworks Displays › Subchapter B. Commissioner's Powers and Duties › Section 2154.052. Rules

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 necessary for the protection, safety, and preservation of life and property, including rules regulating:
(1)  the issuance of licenses and permits to persons engaged in manufacturing, selling, storing, possessing, or transporting fireworks in this state;
(2)  the conduct of public fireworks displays;  and
(3)  the safe storage of Fireworks 1.3G and Fireworks 1.4G.
(c)  The commissioner shall adopt rules for applications for licenses and permits.
(d)  In adopting a rule, the commissioner may use standards recognized by federal law or regulation and standards published by a nationally recognized standards-making organization.
(e)  A rule may not be adopted under this chapter that is more restrictive than a rule in effect on September 1, 1998, without specific statutory authority.
Acts 1999, 76th Leg., ch. 388, Sec. 1, eff. Sept. 1, 1999.
Amended by:
Acts 2011, 82nd Leg., R.S., Ch. 1147 (H.B. 1951), Sec. 2.007, eff. September 1, 2011.
2023 Texas Statutes › Occupations Code › Title 13 - Sports, Amusements, and Entertainment › Subtitle D - Other Amusements and Entertainment › Chapter 2154 - Regulation of Fireworks and Fireworks Displays › Subchapter B. Commissioner's Powers and Duties › Section 2154.053. Rules Restricting Advertising or Competitive Bidding

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 commissioner may not include in the rules to prohibit false, misleading, or deceptive practices a rule that:
(1)  restricts the use of any advertising medium;
(2)  restricts the holder's personal appearance or the use of a holder's voice in an advertisement;
(3)  relates to the size or duration of an advertisement by the holder;  or
(4)  restricts the holder's advertisement under a trade name.
Acts 1999, 76th Leg., ch. 388, Sec. 1, eff. Sept. 1, 1999.
2023 Texas Statutes › Occupations Code › Title 13 - Sports, Amusements, and Entertainment › Subtitle D - Other Amusements and Entertainment › Chapter 2154 - Regulation of Fireworks and Fireworks Displays › Subchapter B. Commissioner's Powers and Duties › Section 2154.055. Fireworks Safety and Education Program

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;  and
(2)  may include any method of communicating the need for safe use of fireworks and the dangers of improper use.
(c)  Repealed by Acts 2011, 82nd Leg., R.S., Ch. 1147, Sec. 2.008(16), eff. September 1, 2011.
(d)  To fund the program, in addition to any other license or permit fees:
(1)  the holder of a retail permit issued under Section 2154.202 shall pay, on issuance or renewal of the permit, a fee in the amount of $10;  and
(2)  the holder of a manufacturer's, distributor's, or jobber's license issued under Section 2154.151, 2154.152, or 2154.153 shall pay, on issuance or renewal of the license, a fee in the amount of $250.
(e)  Money collected under Subsection (d) may be used only by the commissioner for the purposes of this section.
Added by Acts 2001, 77th Leg., ch. 1420, Sec. 14.708(a), eff. Sept. 1, 2001.
Amended by:
Acts 2011, 82nd Leg., R.S., Ch. 1147 (H.B. 1951), Sec. 2.008(16), eff. September 1, 2011.
2023 Texas Statutes › Occupations Code › Title 13 - Sports, Amusements, and Entertainment › Subtitle D - Other Amusements and Entertainment › Chapter 2154 - Regulation of Fireworks and Fireworks Displays › Subchapter C. License Requirements › Section 2154.101. General Requirements

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 person who is younger than 21 years of age may not be issued a pyrotechnic operator's license.  The minimum age of a person issued another license under Subchapter D is 18 years of age.
(c)  A person may not:
(1)  transfer a license;  or
(2)  obtain or attempt to obtain a license by fraudulent representation.
(d)  A person may not alter or deface a license.  An altered or defaced license is void.
Acts 1999, 76th Leg., ch. 388, Sec. 1, eff. Sept. 1, 1999.
2023 Texas Statutes › Occupations Code › Title 13 - Sports, Amusements, and Entertainment › Subtitle D - Other Amusements and Entertainment › Chapter 2154 - Regulation of Fireworks and Fireworks Displays › Subchapter C. License Requirements › Section 2154.102. Waiver of Examination Requirement

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 this state.
Acts 1999, 76th Leg., ch. 388, Sec. 1, eff. Sept. 1, 1999.
2023 Texas Statutes › Occupations Code › Title 13 - Sports, Amusements, and Entertainment › Subtitle D - Other Amusements and Entertainment › Chapter 2154 - Regulation of Fireworks and Fireworks Displays › Subchapter C. License Requirements › Section 2154.1025. State Fire Marshal's Authority Regarding Examinations; Rules

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 a testing service.
(c)  The state fire marshal shall adopt rules as necessary to implement examination requirements under this chapter.
Added by Acts 2003, 78th Leg., ch. 1014, Sec. 7, eff. June 20, 2003.
2023 Texas Statutes › Occupations Code › Title 13 - Sports, Amusements, and Entertainment › Subtitle D - Other Amusements and Entertainment › Chapter 2154 - Regulation of Fireworks and Fireworks Displays › Subchapter C. License Requirements › Section 2154.1026. Use of Testing Service for Examination

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 arrangements, grading, reporting, analysis, or other administrative duties.
(b)  The state fire marshal may require the testing service to:
(1)  correspond directly with an applicant regarding the administration of the examination;
(2)  collect a reasonable fee from an applicant for administering the examination;  or
(3)  administer the examination at a specific location or time.
Added by Acts 2003, 78th Leg., ch. 1014, Sec. 7, eff. June 20, 2003.
2023 Texas Statutes › Occupations Code › Title 13 - Sports, Amusements, and Entertainment › Subtitle D - Other Amusements and Entertainment › Chapter 2154 - Regulation of Fireworks and Fireworks Displays › Subchapter C. License Requirements › Section 2154.103. Examination Results

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, the state fire marshal shall notify the examinee of the result of the examination not later than the 14th day after the date the state fire marshal receives the result from the testing service.
(c)  If the notice of the examination result will be delayed for longer than 90 days after the examination date, the state fire marshal shall notify the examinee of the reason for the delay before the 90th day.
(d)  If requested in writing by a person who fails the licensing examination, the state fire marshal shall send the person an analysis of the person's performance on the examination.
(e)  The state fire marshal may require a testing service to notify a person of the results of the person's examination.
Acts 1999, 76th Leg., ch. 388, Sec. 1, eff. Sept. 1, 1999.  Amended by Acts 2003, 78th Leg., ch. 1014, Sec. 8, eff. June 20, 2003.
2023 Texas Statutes › Occupations Code › Title 13 - Sports, Amusements, and Entertainment › Subtitle D - Other Amusements and Entertainment › Chapter 2154 - Regulation of Fireworks and Fireworks Displays › Subchapter C. License Requirements › Section 2154.104. Duplicate License; License Changes

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.
2023 Texas Statutes › Occupations Code › Title 13 - Sports, Amusements, and Entertainment › Subtitle D - Other Amusements and Entertainment › Chapter 2154 - Regulation of Fireworks and Fireworks Displays › Subchapter C. License Requirements › Section 2154.105. License Expiration Date

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 shall be prorated on the basis of the number of months during which the license is valid.  The total annual fee is payable each time the license is renewed.
Acts 1999, 76th Leg., ch. 388, Sec. 1, eff. Sept. 1, 1999.
2023 Texas Statutes › Occupations Code › Title 13 - Sports, Amusements, and Entertainment › Subtitle D - Other Amusements and Entertainment › Chapter 2154 - Regulation of Fireworks and Fireworks Displays › Subchapter C. License Requirements › Section 2154.106. License Renewal

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 shall send written notice of the impending license expiration to the license holder at the license holder's last known address.
(c)  A person whose license has been expired for 90 days or less may renew the license by paying to the state fire marshal the required annual fee and an additional amount equal to one-half of the original license fee.
(d)  A person whose license has been expired for more than 90 days but less than two years may renew the license by paying to the state fire marshal all unpaid annual fees and an additional amount equal to the original license fee.
(e)  A person may not renew a license that has been expired for two years or more.  The person may obtain a new license by complying with the requirements and procedures for obtaining an original license.
(f)  This section does not prevent the state fire marshal from denying or refusing to renew a license for any reason provided by law or the rules of the commissioner.
Acts 1999, 76th Leg., ch. 388, Sec. 1, eff. Sept. 1, 1999.
2023 Texas Statutes › Occupations Code › Title 13 - Sports, Amusements, and Entertainment › Subtitle D - Other Amusements and Entertainment › Chapter 2154 - Regulation of Fireworks and Fireworks Displays › Subchapter D. Types of Licenses › Section 2154.151. Manufacturer's License

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 $1,000.
(c)  A licensed manufacturer may sell:
(1)  Fireworks 1.4G only to a licensed distributor or jobber;  and
(2)  Fireworks 1.3G only to a licensed distributor or pyrotechnic operator, or to a fireworks public display permit holder for use in public fireworks displays in this state.
(d)  A licensed manufacturer may manufacture, store, possess, and sell an item other than a permissible firework if the item is only for sale and delivery to authorized persons in a state in which the item is permissible.
(e)  A licensed manufacturer may be required to submit samples of all fireworks to the state fire marshal for approval.
Acts 1999, 76th Leg., ch. 388, Sec. 1, eff. Sept. 1, 1999.
2023 Texas Statutes › Occupations Code › Title 13 - Sports, Amusements, and Entertainment › Subtitle D - Other Amusements and Entertainment › Chapter 2154 - Regulation of Fireworks and Fireworks Displays › Subchapter D. Types of Licenses › Section 2154.152. Distributor's License

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 permit holder; or
(2)  imports or stores, possesses, and sells Fireworks 1.4G to a licensed jobber, retailer, or distributor in this state.
(b)  The commissioner shall set and collect an annual distributor's license fee in an amount not to exceed $1,500.
Acts 1999, 76th Leg., ch. 388, Sec. 1, eff. Sept. 1, 1999.
Amended by:
Acts 2017, 85th Leg., R.S., Ch. 967 (S.B. 2065), Sec. 13.001, eff. September 1, 2017.
2023 Texas Statutes › Occupations Code › Title 13 - Sports, Amusements, and Entertainment › Subtitle D - Other Amusements and Entertainment › Chapter 2154 - Regulation of Fireworks and Fireworks Displays › Subchapter D. Types of Licenses › Section 2154.153. Jobber's License

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 1999, 76th Leg., ch. 388, Sec. 1, eff. Sept. 1, 1999.
2023 Texas Statutes › Occupations Code › Title 13 - Sports, Amusements, and Entertainment › Subtitle D - Other Amusements and Entertainment › Chapter 2154 - Regulation of Fireworks and Fireworks Displays › Subchapter D. Types of Licenses › Section 2154.154. Pyrotechnic Operator's License

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 license fee in an amount not to exceed $100.
(c)  To qualify for a pyrotechnic operator's license, a person must take and pass an examination, if required, conducted by the commissioner through the state fire marshal's office.
(d)  Unless the examination is administered by a testing service, a person shall be charged a nonrefundable initial examination fee in an amount not to exceed $50. Unless the reexamination is administered by a testing service, a person shall be charged a nonrefundable fee in an amount not to exceed $20 for each reexamination.
Acts 1999, 76th Leg., ch. 388, Sec. 1, eff. Sept. 1, 1999.  Amended by Acts 2003, 78th Leg., ch. 1014, Sec. 9, eff. June 20, 2003.
2023 Texas Statutes › Occupations Code › Title 13 - Sports, Amusements, and Entertainment › Subtitle D - Other Amusements and Entertainment › Chapter 2154 - Regulation of Fireworks and Fireworks Displays › Subchapter D. Types of Licenses › Section 2154.155. Pyrotechnic Special Effects Operator's License

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 Use of Pyrotechnics Before a Proximate Audience.
(b)  The commissioner shall set and collect an annual pyrotechnic special effects operator's license fee in an amount not to exceed $100.
(c)  To qualify for a pyrotechnic special effects operator's license, a person must take and pass an examination, if required, conducted by the commissioner through the state fire marshal's office.
(d)  Unless the examination is administered by a testing service, a person shall be charged a nonrefundable initial examination fee in an amount not to exceed $50. Unless the reexamination is administered by a testing service, a person shall be charged a nonrefundable fee in an amount not to exceed $20 for each reexamination.
Acts 1999, 76th Leg., ch. 388, Sec. 1, eff. Sept. 1, 1999.  Amended by Acts 2003, 78th Leg., ch. 1014, Sec. 10, eff. June 20, 2003.
2023 Texas Statutes › Occupations Code › Title 13 - Sports, Amusements, and Entertainment › Subtitle D - Other Amusements and Entertainment › Chapter 2154 - Regulation of Fireworks and Fireworks Displays › Subchapter D. Types of Licenses › Section 2154.156. Flame Effects Operator's License

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 in an amount not to exceed $100.
(c)  To qualify for a flame effects operator's license, a person must take and pass an examination and comply with any other requirements set by the commissioner through the state fire marshal's office.
(d)  A person shall be charged a nonrefundable initial examination fee in an amount not to exceed $30. A person shall be charged a nonrefundable fee in an amount not to exceed $20 for each reexamination.
Added by Acts 2003, 78th Leg., ch. 872, Sec. 2, eff. Sept. 1, 2003.
2023 Texas Statutes › Occupations Code › Title 13 - Sports, Amusements, and Entertainment › Subtitle D - Other Amusements and Entertainment › Chapter 2154 - Regulation of Fireworks and Fireworks Displays › Subchapter E. Permit Requirements › Section 2154.201. General Requirements

Sec. 2154.201.  GENERAL REQUIREMENTS.  (a)  A person who is younger than 21 years of age may not be issued a public fireworks display permit.  A person who is younger than 18 years of age may not be issued another 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 fraudulent representation.
(c)  A person may not alter or deface a permit.  An altered or defaced permit is void.
Acts 1999, 76th Leg., ch. 388, Sec. 1, eff. Sept. 1, 1999.