83R18604 ATP-D
 
  By: Lucio III H.B. No. 1813
 
  Substitute the following for H.B. No. 1813:
 
  By:  Elkins C.S.H.B. No. 1813
 
 
 
A BILL TO BE ENTITLED
 
AN ACT
  relating to the authority of a municipality to confiscate packaged
  fireworks; providing an affirmative defense for possessing
  fireworks in certain circumstances.
         BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
         SECTION 1.  Section 342.003, Local Government Code, is
  amended by adding Subsection (c) to read as follows:
         (c)  Subsection (a)(8) does not authorize a municipality to
  confiscate packaged, unopened fireworks.
         SECTION 2.  Subchapter B, Chapter 342, Local Government
  Code, is amended by adding Section 342.013 to read as follows:
         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.
         SECTION 3.  This Act takes effect immediately if it receives
  a vote of two-thirds of all the members elected to each house, as
  provided by Section 39, Article III, Texas Constitution.  If this
  Act does not receive the vote necessary for immediate effect, this
  Act takes effect September 1, 2013.