Tex. Loc. Gov't Code § 342.013 · Subchapter B. PROVISIONS APPLICABLE TO HOME-RULE MUNICIPALITY
CONFISCATION OF CERTAIN FIREWORKS PROHIBITED; AFFIRMATIVE DEFENSE.
Text — Current through the 89th 2nd Called Legislative Session, 2025
(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.
Notes and commentary — not statutory text
History
Added by Acts 2013, 83rd Leg., R.S., Ch. 957 (H.B. 1813), Sec. 2, eff. June 14, 2013.
Source of truth
- Edition
- Current through the 89th 2nd Called Legislative Session, 2025
- Official file
- https://statutes.capitol.texas.gov/Docs/LG/htm/LG.342.htm
- Text hash
- sha256 139020349567b28f1fc77e148db4c569e75542b33216eccc85b954bbec9dfbbb
- Composed by
- compose_tx.py 2026-10-05: the Legislative Council's chapter files read in document order; verify_tx.py's independent reading (lxml DOM walk) agrees character for character
Procedural information only. Not legal advice and not a substitute for the advice of an attorney. Confirm the current text with the official publisher before relying on it.