Tex. Local Government Code § 342.013
This is the official text of Tex. Local Government Code § 342.013, part of Texas’s Local Government Code — governs the powers and operations of Texas cities and counties.
Not legal advice. This page reproduces the official text of a government statute for reference only. Laws change, and how a statute applies depends on your specific facts. For advice about your situation, consult a licensed attorney in your state.
§ 342.013. CONFISCATION OF CERTAIN FIREWORKS PROHIBITED; AFFIRMATIVE DEFENSE.
Official statutory text
(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.
(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.
Status: in_force · Read it on the official government site
Need a lawyer in Texas?
Find a Texas lawyer
About this page: Statute text is reproduced from official government publishers via the
Open US Law dataset
(Vaquill AI, snapshot v2026.08, CC BY 4.0). Primary legislative text like this is public domain under the government-edicts doctrine
(Georgia v. Public.Resource.Org, 2020). We link every section back to its official source so you can verify it independently.