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.