By: Sibley S.B. No. 51
73R958 DWS-F
A BILL TO BE ENTITLED
1-1 AN ACT
1-2 relating to possession of 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. POSSESSION <CONSUMPTION> 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 possesses
1-12 <consumes> an alcoholic beverage while operating a motor vehicle in
1-13 a public place<, as defined by Section 1.07(a)(29), Penal Code, and
1-14 is observed doing so by a police officer>.
1-15 (c) For the purposes of this section, a person:
1-16 (1) possesses an alcoholic beverage if the person
1-17 holds a bottle, can, or other receptacle that contains an alcoholic
1-18 beverage; and
1-19 (2) is presumed to possess an alcoholic beverage if
1-20 the person is alone in the vehicle and a bottle, can, or other
1-21 receptacle that contains an alcoholic beverage and that has been
1-22 opened or has a seal broken is present in the passenger portion of
1-23 the vehicle.
1-24 (d) A person charged with a violation of this section may
2-1 rebut the presumption under Subsection (c)(2) by establishing that
2-2 the person had no knowledge that the alcoholic beverage was present
2-3 in the passenger portion of the vehicle.
2-4 (e) Subsection (c) of this section does not apply if the
2-5 alcoholic beverage is in the possession of a minister, priest,
2-6 rabbi, accredited Christian Science practitioner, or other similar
2-7 functionary of a religious organization who is carrying it for
2-8 religious purposes.
2-9 (f) An offense under this section is a Class C misdemeanor.
2-10 SECTION 2. (a) The change in law made by this Act applies
2-11 only to an offense committed on or after the effective date of this
2-12 Act. For purposes of this section, an offense is committed before
2-13 the effective date of this Act if any element of the offense occurs
2-14 before that date.
2-15 (b) An offense committed before the effective date of this
2-16 Act is covered by the law in effect when the offense was committed,
2-17 and the former law is continued in effect for this purpose.
2-18 SECTION 3. This Act takes effect September 1, 1993.
2-19 SECTION 4. The importance of this legislation and the
2-20 crowded condition of the calendars in both houses create an
2-21 emergency and an imperative public necessity that the
2-22 constitutional rule requiring bills to be read on three several
2-23 days in each house be suspended, and this rule is hereby suspended.