(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.Tex. Occ. Code § 2154.052
Amended By Acts 2011, 82nd Leg., R.S., Ch. 1147, Sec. 2.007, eff. 9/1/2011. Acts 1999, 76th Leg., ch. 388, Sec. 1, eff. 9/1/1999.