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.