Texas Local Government Code 342.013 – Confiscation of Certain Fireworks Prohibited; Affirmative Defense
Current as of: 2024 | Check for updates
|
Other versions
(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.
Terms Used In Texas Local Government Code 342.013
- Defendant: In a civil suit, the person complained against; in a criminal case, the person accused of the crime.
- Home-rule municipality: means a municipality designated by Chapter 5 as a home-rule municipality. See Texas Local Government Code 1.005
(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.