By:  Hill, Fred                                        H.B. No. 102
       73R1001 JD-D
                                 A BILL TO BE ENTITLED
    1-1                                AN ACT
    1-2  relating to alcoholic beverages in motor vehicles.
    1-3        BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
    1-4        SECTION 1.  Section 107E, Uniform Act Regulating Traffic on
    1-5  Highways (Article 6701d, Vernon's Texas Civil Statutes), is amended
    1-6  to read as follows:
    1-7        Sec. 107E.  CONSUMPTION OR POSSESSION OF ALCOHOLIC BEVERAGE
    1-8  WHILE DRIVING.  (a)  In this section, "alcoholic beverage" has the
    1-9  meaning assigned by Subdivision (1), Section 1.04, Alcoholic
   1-10  Beverage Code.
   1-11        (b)  A person commits an offense if the person consumes an
   1-12  alcoholic beverage while operating a motor vehicle in a public
   1-13  place<, as defined by Section 1.07(a)(29), Penal Code,> and is
   1-14  observed doing so by a police officer.
   1-15        (c)  A person commits an offense if the person operates or
   1-16  travels in a motor vehicle in a public place and the motor vehicle
   1-17  has, present in the passenger portion of the vehicle, a bottle,
   1-18  can, or other receptacle that contains an alcoholic beverage and
   1-19  that has been opened, has a seal broken, or has the contents
   1-20  partially removed.
   1-21        (d)  Subsection (c) of this section does not apply if the
   1-22  alcoholic beverage is in the possession:
   1-23              (1)  of a passenger in the living quarters of a house
   1-24  trailer; or
    2-1              (2)  of a passenger, other than the owner, who has
    2-2  hired the vehicle and the vehicle is owned or operated by a person
    2-3  engaged in the business of transporting passengers for
    2-4  compensation.
    2-5        (e)  Subsection (c) of this section does not apply if the
    2-6  alcoholic beverage is in the possession of a doctor or patient
    2-7  carrying alcoholic beverages for therapeutic purposes.  The
    2-8  department may require acceptable medical proof for a person
    2-9  carrying a container of alcohol for therapeutic purposes.
   2-10        (f)  Subsection (c) of this section does not apply if the
   2-11  alcoholic beverage is in the possession of a minister, priest,
   2-12  rabbi, accredited Christian Science practitioner, or other similar
   2-13  functionary of a religious organization who is carrying it for
   2-14  religious purposes.
   2-15        (g)  An offense under this section is a Class C misdemeanor.
   2-16        SECTION 2.  This Act takes effect September 1, 1993.
   2-17        SECTION 3.  The importance of this legislation and the
   2-18  crowded condition of the calendars in both houses create an
   2-19  emergency and an imperative public necessity that the
   2-20  constitutional rule requiring bills to be read on three several
   2-21  days in each house be suspended, and this rule is hereby suspended.