TITLE 28. INSURANCE
PART 1. TEXAS DEPARTMENT OF INSURANCE
CHAPTER 34. STATE FIRE MARSHAL
SUBCHAPTER
H.
The commissioner of insurance adopts amendments to 28 TAC §34.811, concerning the requirements for a pyrotechnic operator license. The amendments are adopted without changes to the proposed text published in the September 19, 2025, issue of the Texas Register (50 TexReg 6200). The section will not be republished.
REASONED JUSTIFICATION. House Bill 1899, 89th Legislature, 2025, changed the age requirement for a fireworks license in Occupations Code §2154.101(b) from 21 to 18. The Texas Department of Insurance (TDI) adopts the amendments in §34.811(g)(2) to reflect that change and also adopts additional nonsubstantive changes.
Details of the section's adopted amendments follow.
Amendments in subsection (b) replace "examinees" with "applicants" for term consistency and add "a test" after "fail" for clarity. An amendment in subsection (c) moves the word "only" to the grammatically correct place in the sentence. An amendment in subsection (f) replaces "makes application" with "applies" for plain language preferences. Amendments in subsection (g) add "who" and remove "the following," add "has not" and "is not," and remove "be" for grammatical correctness; and another amendment in the subsection replaces "18" with "21" to implement HB 1899. Amendments in subsection (h) add "intended" and "full" for clarity and consistency with the language used on the website referenced by the subsection.
The amended sections are necessary to implement HB 1899 and to make other nonsubstantive changes to conform the rule to fit current TDI style.
SUMMARY OF COMMENTS AND AGENCY RESPONSE. TDI provided an opportunity for public comment on the rule proposal for a period that ended on October 20, 2025. TDI received one comment against the proposal. There were no commenters in support of the proposal.
Commenter: An individual commented against the proposal.
Comment on §34.811
Comment. The commenter against the proposal does not believe 18-year-olds are responsible enough to be shooting pyrotechnic fireworks. The commenter believes the age should remain 21.
Agency Response. TDI declines to make the change. HB 1899 lowered the age for pyrotechnic operators from 21 to 18. TDI is bound by statute to amend the rule to lower the age.
STATUTORY AUTHORITY. The commissioner adopts the amendments to §34.811 under Occupations Code §2154.052(a) and (b) and Insurance Code §36.001.
Occupations Code §2154.052(a) provides that the commissioner administer Occupations Code Chapter 2154 through the state fire marshal. Occupations Code §2154.052(b) provides that the commissioner adopt and the state fire marshal administer rules necessary for the protection, safety, and preservation of life and property, including rules pertaining to the issuance of licenses pertaining to fireworks in the state.
Insurance Code §36.001 provides that the commissioner may adopt any rules necessary and appropriate to implement the powers and duties of TDI under the Insurance Code and other laws of this state.
The agency certifies that legal counsel has reviewed the adoption and found it to be a valid exercise of the agency's legal authority.
Filed with the Office of the Secretary of State on November 21, 2025.
TRD-202504313
Jessica Barta
General Counsel
Texas Department of Insurance
Effective date: December 11, 2025
Proposal publication date: September 19, 2025
For further information, please call: (512) 676-6555