Section 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.Tex. Loc. Gov't. Code § 342.013
Added by Acts 2013, 83rd Leg. - Regular Session, ch. 957,Sec. 2, eff. 6/14/2013.