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  83R8927 ATP-D
 
  By: Lucio III H.B. No. 1813
 
 
 
A BILL TO BE ENTITLED
 
AN ACT
  relating to the authority of a municipality to confiscate packaged
  fireworks.
         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 PACKAGED FIREWORKS
  PROHIBITED. A home-rule municipality that regulates fireworks may
  not confiscate packaged, unopened fireworks.
         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.