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By: Lucio III (Senate Sponsor - Hinojosa) |
H.B. No. 1813 |
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(In the Senate - Received from the House May 8, 2013; |
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May 9, 2013, read first time and referred to Committee on |
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Intergovernmental Relations; May 16, 2013, reported favorably by |
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the following vote: Yeas 4, Nays 0; May 16, 2013, sent to |
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printer.) |
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A BILL TO BE ENTITLED
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AN ACT
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relating to the authority of a municipality to confiscate packaged |
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fireworks; providing an affirmative defense for possessing |
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fireworks in certain circumstances. |
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BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS: |
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SECTION 1. Section 342.003, Local Government Code, is |
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amended by adding Subsection (c) to read as follows: |
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(c) Subsection (a)(8) does not authorize a municipality to |
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confiscate packaged, unopened fireworks. |
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SECTION 2. Subchapter B, Chapter 342, Local Government |
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Code, is amended by adding Section 342.013 to read as follows: |
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Sec. 342.013. CONFISCATION OF CERTAIN FIREWORKS |
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PROHIBITED; AFFIRMATIVE DEFENSE. (a) A home-rule municipality that |
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regulates fireworks may not confiscate packaged, unopened |
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fireworks. |
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(b) It is an affirmative defense to prosecution for |
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possession of fireworks brought under a municipal ordinance that: |
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(1) the defendant was operating or was a passenger in a |
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motor vehicle that was being operated in a public place; and |
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(2) the fireworks were not in the passenger area of the |
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vehicle. |
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(c) For purposes of Subsection (b), the "passenger area" of |
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a motor vehicle means the area of the vehicle designed for the |
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seating of the operator and the passengers of the vehicle. The term |
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does not include: |
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(1) a locked glove compartment or similar locked |
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storage area; |
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(2) the trunk of a vehicle; or |
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(3) the area behind the last upright seat of a vehicle |
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that does not have a trunk. |
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SECTION 3. This Act takes effect immediately if it receives |
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a vote of two-thirds of all the members elected to each house, as |
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provided by Section 39, Article III, Texas Constitution. If this |
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Act does not receive the vote necessary for immediate effect, this |
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Act takes effect September 1, 2013. |
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* * * * * |