Texas Attorney General Opinion: C-222 Page: 3 of 12
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Hon. J. N. Nutt, page 3 (C- 222)
"2. Does the purchase by a distributor,
jobber or retailer of permissible fireworks
from an unlicensed out-off-state manufacturer
or importer for resale in Texas violate the
provisions of Section 51 or Section 5J of the
Act if the actual contract of purchase was
consummated outside of Texas and delivery
is made through a distributor, jobber or
retailer outside the State?
"3. Identical question as No. 2 above
except that delivery is made to the distributor,
jobber or retailer in Texas.
"4. Identical question presented in No. 2
above except that the contract is consummated
in Texas.
"5. Identical question presented in No. 2
above except that the sale is consummated in
Texas and delivery is made to the distributor,
jobber or retailer in this State."
The provisions of Section 5 which provide the basis
for the above questions are as follows:
"A. A license fee of $500.00 per year,
due and payable on or before February 1st of
each and every year beginning February 1, 1958,
to the State Fire Marshal subject to the pro-
visions of Section 12 of this Act, will be
charged for the permit to manufacture, possess
and sell fireworks. The manufacturer may manu-
facture, possess and sell items other than those
enumerated in Section 2, but for sale and delivery
only to states where other types of fireworks
are legal but may not be sold or used in the
State of Texas.
"The same license fee will apply to and
shall be paid by any and all out-of-state
manufacturers offering goods for sale in the
State of Texas, as a condition to their sale
in Texas.
"B. A similar license fee of $750.00
annually, due and payable on February 1st of-1072-
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Texas. Attorney-General's Office. Texas Attorney General Opinion: C-222, text, March 4, 1964; (https://texashistory.unt.edu/ark:/67531/metapth268641/m1/3/: accessed June 20, 2024), University of North Texas Libraries, The Portal to Texas History, https://texashistory.unt.edu.; crediting UNT Libraries Government Documents Department.