Bill Text: TX HB1813 | 2013-2014 | 83rd Legislature | Engrossed
NOTE: There are more recent revisions of this legislation. Read Latest Draft
Bill Title: Relating to the authority of a municipality to confiscate packaged fireworks; providing an affirmative defense for possessing fireworks in certain circumstances.
Spectrum: Partisan Bill (Democrat 2-0)
Status: (Passed) 2013-06-14 - Effective immediately [HB1813 Detail]
Download: Texas-2013-HB1813-Engrossed.html
Bill Title: Relating to the authority of a municipality to confiscate packaged fireworks; providing an affirmative defense for possessing fireworks in certain circumstances.
Spectrum: Partisan Bill (Democrat 2-0)
Status: (Passed) 2013-06-14 - Effective immediately [HB1813 Detail]
Download: Texas-2013-HB1813-Engrossed.html
83R18604 ATP-D | ||
By: Lucio III | H.B. No. 1813 |
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relating to the authority of a municipality to confiscate packaged | ||
fireworks; providing an affirmative defense for possessing | ||
fireworks in certain circumstances. | ||
BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS: | ||
SECTION 1. Section 342.003, Local Government Code, is | ||
amended by adding Subsection (c) to read as follows: | ||
(c) Subsection (a)(8) does not authorize a municipality to | ||
confiscate packaged, unopened fireworks. | ||
SECTION 2. Subchapter B, Chapter 342, Local Government | ||
Code, is amended by adding Section 342.013 to read as follows: | ||
Sec. 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. | ||
SECTION 3. This Act takes effect immediately if it receives | ||
a vote of two-thirds of all the members elected to each house, as | ||
provided by Section 39, Article III, Texas Constitution. If this | ||
Act does not receive the vote necessary for immediate effect, this | ||
Act takes effect September 1, 2013. |