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Enrolled Bill Summary

Enrolled Bill Summary

Legislative Session: 83(R)

House Bill 1813

House Author:  Lucio III

Effective:  6-14-13

Senate Sponsor:  Hinojosa


            House Bill 1813 amends the Local Government Code to specify that a provision authorizing the governing body of a Type A general-law municipality to prohibit or otherwise regulate the use of fireworks and firearms does not authorize the municipality to confiscate packaged, unopened fireworks. The bill also prohibits a home-rule municipality that regulates fireworks from confiscating packaged, unopened fireworks. The bill establishes an affirmative defense to prosecution for possession of fireworks brought under a municipal ordinance if the defendant was operating or was a passenger in a motor vehicle that was being operated in a public place and the fireworks were not in the passenger area of the vehicle.