By:  Zaffirini                                          S.B. No. 10
                                 A BILL TO BE ENTITLED
                                        AN ACT
    1-1  relating to alcoholic beverages in motor vehicles.
    1-2        BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
    1-3        SECTION 1.  Section 107E, Uniform Act Regulating Traffic on
    1-4  Highways (Article 6701d, Vernons Texas Civil Statutes), is amended
    1-5  to  read as follows:
    1-6        Sec. 107E.  CONSUMPTION OR POSSESSION OF ALCOHOLIC BEVERAGE
    1-7  WHILE DRIVING.  (a)  In this section:
    1-8              (1)  "Alcoholic<, "alcoholic> beverage" has the meaning
    1-9  assigned by Subdivision (1), Section 1.04, Alcoholic Beverage Code.
   1-10              (2)  "Public place" has the meaning assigned by Section
   1-11  1.07, Penal Code.
   1-12        (b)  A person commits an offense if the person consumes an
   1-13  alcoholic beverage while operating a motor vehicle in a public
   1-14  place<, as defined by Section 1.07(a)(29), Penal Code, and is
   1-15  observed doing so by a police officer>.
   1-16        (c)  Except as provided by Subsections (d), (e), and (f) of
   1-17  this section, a person commits an offense if the person operates a
   1-18  motor vehicle in a public place and the motor vehicle has, present
   1-19  in the passenger portion of the vehicle, a bottle, can, or other
   1-20  receptacle that contains an alcoholic beverage and that has been
   1-21  opened, has a seal broken, or has the contents partially removed.
   1-22        (d)  This section does not prohibit the operation of or
   1-23  travel in a motor vehicle if the alcoholic beverage is in:
    2-1              (1)  its original container and has never been opened;
    2-2              (2)  the possession of a passenger in the living
    2-3  quarters of a house trailer; or
    2-4              (3)  the possession of a passenger, other than the
    2-5  owner, who has hired the vehicle and the vehicle is owned or
    2-6  operated by a person engaged in the business of transporting
    2-7  passengers for compensation.
    2-8        (e)  This section does not prohibit the operation of or
    2-9  travel in a motor vehicle if an alcoholic beverage is in the
   2-10  possession of a doctor or patient carrying alcoholic beverages for
   2-11  medicinal purposes.  The department may require acceptable medical
   2-12  proof for a person carrying a container of alcohol for medicinal
   2-13  purposes.
   2-14        (f)  This section does not prohibit the operation of or
   2-15  travel in a motor vehicle if the alcoholic beverage is in the
   2-16  possession of a clergyman carrying it for religious purposes.  In
   2-17  this section, a "clergyman" is a minister, priest, rabbi,
   2-18  accredited Christian Science practitioner, or other similar
   2-19  functionary of a religious organization.
   2-20        (g)  An offense under this section is a Class C misdemeanor.
   2-21        SECTION 2.  This Act takes effect September 1, 1993.
   2-22        SECTION 3.  The importance of this legislation and the
   2-23  crowded condition of the calendars in both houses create an
   2-24  emergency and an imperative public necessity that the
   2-25  constitutional rule requiring bills to be read on three several
    3-1  days in each house be suspended, and this rule is hereby suspended.