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The State Fire Marshal’s Office along with Hidalgo County Fire Marshal’s Office strongly recommends against the use of the devices. Individuals choosing to use sky lanterns or similar products are advised to consider the following: 1- Lighting and releasing these devices may be illegal in counties that have a burn ban in place. Doing so could constitute a Class C misdemeanor offense. 2- Where the county has a fire code in place, lighting and releasing these devices may put you in violation of that code and subject to penalties for unattended burning. 3- In the event that the device causes a fire, you could be held liable for any resulting damages, and could be subject to indictment for a criminal offense. Depending on circumstances, lighting and releasing this device which then causes a fire may meet elements of arson or related offenses.
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No - it would be a violation of the Fireworks rules to sell these items at a fireworks retail site and may result in the local or State Fire Marshal seeking sanctions.
Background:Chapter 2154 of the Occupations Code states that all fireworks sold in Texas must be listed by the U.S. Department of Transportation. Sky lanterns, also known as kongming lanterns or wish lanterns, are not classified as fireworks by the U.S. DOT. The Fireworks Rules state that a retail site may only sell fireworks, fireworks promotional items and accessories and those items listed in the Occupations Code 2154.002(4).
References: Occupations Code 2154, 28 TAC 34.817(i)