Five days before through midnight. No county approval needed.
The bill adds a new window when retail fireworks stands may sell to the public: the five days before Lunar New Year through midnight on Lunar New Year. It touches retail fireworks permit holders and buyers across Texas, and unlike the existing May border-area window, it needs no county approval. Stands could legally open for a few extra days each winter or early spring, starting September 1, 2025.
Labels
Labels: CROSS-PARTY HANDOFF. Lead author Stan Gerdes (R) in the House. Lead sponsor Roland Gutierrez (D) in the Senate. Party as the Legislative Reference Library lists it for the 89th Legislature.
relating to the sale of fireworks on and before the Lunar New Year
holiday.
WHAT IT DOES
Five days before through midnight. No county approval needed.
The bill adds a new window when retail fireworks stands may sell to the public: the five days before Lunar New Year through midnight on Lunar New Year. It touches retail fireworks permit holders and buyers across Texas, and unlike the existing May border-area window, it needs no county approval. Stands could legally open for a few extra days each winter or early spring, starting September 1, 2025.
CHARGES
[ ] NONE FOUND
TOTAL
No significant fiscal implication to the State is anticipated.
Names were not printed for yea. Only the named positions are included in member records.
The journal row lists three votes in order: passage to third reading, suspension of the three-day rule, and final passage. This entry records final passage. Repeated tallies belong to separate votes.
Sources
HB 5084 (Gutierrez) Relating to the sale of fireworks on and before the Lunar New Year holiday. (viva voce vote) (30-1) "Nay" Sparks (30-1) "Nay" Sparks
Published stock of positions for this vote, except where marked derived.
Yea: 30 (published)
Nay: 1 (published)
Present, not voting: Not printed
Absent: Not printed
Excused: Not printed
Senate journal. Source snapshot 2026-10-19, Central time.
Names were not printed for yea. Only the named positions are included in member records.
The journal row lists three votes in order: passage to third reading, suspension of the three-day rule, and final passage. This entry records suspension of the three-day rule. Repeated tallies belong to separate votes.
Sources
HB 5084 (Gutierrez) Relating to the sale of fireworks on and before the Lunar New Year holiday. (viva voce vote) (30-1) "Nay" Sparks (30-1) "Nay" Sparks
Published stock of positions for this vote, except where marked derived.
Yea: 30 (published)
Nay: 1 (published)
Present, not voting: Not printed
Absent: Not printed
Excused: Not printed
Senate journal. Source snapshot 2026-10-19, Central time.
Names were not printed. No individual positions are inferred.
The journal row lists three votes in order: passage to third reading, suspension of the three-day rule, and final passage. This entry records passage to third reading. Repeated tallies belong to separate votes.
Voice vote. No numeric tally or individual yeas are inferred.
Sources
HB 5084 (Gutierrez) Relating to the sale of fireworks on and before the Lunar New Year holiday. (viva voce vote) (30-1) "Nay" Sparks (30-1) "Nay" Sparks
Published stock of positions for this vote, except where marked derived.
Yea: Not printed
Nay: Not printed
Present, not voting: Not printed
Absent: Not printed
Excused: Not printed
Senate journal. Source snapshot 2026-10-19, Central time.
House committee · Intergovernmental Affairs · Committee vote 9 aye, 2 nay · Out of committee
Senate committee · Local Government · Committee vote 6 aye, 0 nay, 1 absent · Out of committee
Subjects
LUNAR NEW YEAR
Holidays
Safety--Fireworks
Text
The text as introduced · 182 words
By: Gerdes
H.B. No. 5084
A BILL TO BE ENTITLED
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, Occupations Code, is amended
by adding Subsection (g) (4) 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.
(4) beginning five days before Lunar New Year and ending at
midnight on Lunar New Year.
SECTION 2. This Act takes effect September 1, 2025.
Monitoring 
