By: Lucio III (Senate Sponsor - Hinojosa) H.B. No. 1813
(In the Senate - Received from the House May 8, 2013;
May 9, 2013, read first time and referred to Committee on
Intergovernmental Relations; May 16, 2013, reported favorably by
the following vote: Yeas 4, Nays 0; May 16, 2013, sent to
printer.)
A BILL TO BE ENTITLED
AN ACT
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.
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