Tex. Local Gov't Code Section 342.013
Confiscation of Certain Fireworks Prohibited; Affirmative Defense

(a)

A home-rule municipality that regulates fireworks may not confiscate packaged, unopened fireworks.

(b)

It is an affirmative defense to prosecution for possession of fireworks brought under a municipal ordinance that:

(1)

the defendant was operating or was a passenger in a motor vehicle that was being operated in a public place; and

(2)

the fireworks were not in the passenger area of the vehicle.

(c)

For purposes of Subsection (b), the “passenger area” of a motor vehicle means the area of the vehicle designed for the seating of the operator and the passengers of the vehicle. The term does not include:

(1)

a locked glove compartment or similar locked storage area;

(2)

the trunk of a vehicle; or

(3)

the area behind the last upright seat of a vehicle that does not have a trunk.
Added by Acts 2013, 83rd Leg., R.S., Ch. 957 (H.B. 1813), Sec. 2, eff. June 14, 2013.

Source: Section 342.013 — Confiscation of Certain Fireworks Prohibited; Affirmative Defense, https://statutes.­capitol.­texas.­gov/Docs/LG/htm/LG.­342.­htm#342.­013 (accessed Jun. 5, 2024).

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Accessed:
Jun. 5, 2024

§ 342.013’s source at texas​.gov