Tex. Local Government Code § 342.013
CONFISCATION OF CERTAIN FIREWORKS PROHIBITED; AFFIRMATIVE DEFENSE
Texas · Texas Local Government Code · Status: effective
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- Citation
- Tex. Local Government Code § 342.013, CONFISCATION OF CERTAIN FIREWORKS PROHIBITED; AFFIRMATIVE DEFENSE, Texas, version 1 as recorded 2026-07-09, yourstate.us, https://yourstate.us/provision/692676
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Full text
(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.