Many fire officials claim that a county can use a “Burn Ban” order to regulate fireworks since the counties are granted the ability to curb outdoor burning by the legislature.  On the contrary, a county cannot restrict the sale or use of fireworks unless they declare a state of disaster.  The legal principle is in general vs specific law.  So, for example, if they pass a law that says “You cannot start a fire” but elsewhere in the law the legislature says “Fireworks can only be prohibited in xyz manner.”  The more specific law trumps the general law.  That is the case here.
If a county attempts to apply a burn ban to fireworks, your first step is to write the county attorney and correct them.  Explain that the law is very specific about what the county can and can’t do.  It’s a logical conclusion to presume that a burn ban includes fireworks.  It does not.
In the case of fireworks regulation, only two means affect fireworks: 352.051 (stick rockets) and 418.108 (disaster declarations).  They are very specific about the county powers.  The authority to enact burn ban is generic.  So, other than those two powers, burn bans don’t affect fireworks.
You can always suggest that a county attorney contact the Texas AG’s office or that the local fire marshal call the Texas State Fire Marshall’s office.  If not, the final step is to enlist the services of a lawyer and file suit against the county that is violating the law.

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