Texas § 342.013 CONFISCATION OF CERTAIN FIREWORKS PROHIBITED; AFFIRMATIVE DEFENSE.

Texas Statutes

§ 342.013 — CONFISCATION OF CERTAIN FIREWORKS PROHIBITED; AFFIRMATIVE DEFENSE.

Texas § 342.013

Code LGLocal Government Code

This text of Texas § 342.013 (CONFISCATION OF CERTAIN FIREWORKS PROHIBITED; AFFIRMATIVE DEFENSE.) is published on Counsel Stack Legal Research, covering Texas primary law. Counsel Stack provides free access to over 12 million legal documents including statutes, case law, regulations, and constitutions.

Bluebook

Tex. Local Government Code Code Ann. § 342.013 (2026).

Text

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

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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.
SUBCHAPTER C. MUTUAL FIRE-PROTECTION AGREEMENTS