By Hill H.B. No. 312 74R1560 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 49.03, Penal Code, is amended to read as 1-5 follows: 1-6 Sec. 49.03. Consumption or Possession of Alcoholic Beverage 1-7 in Motor Vehicle. (a) A person commits an offense if the person 1-8 consumes an alcoholic beverage while operating a motor vehicle in a 1-9 public place and is observed doing so by a peace officer. 1-10 (b) A person commits an offense if the person operates or 1-11 travels in a motor vehicle in a public place and the motor vehicle 1-12 has, present in the passenger portion of the vehicle, a bottle, 1-13 can, or other receptacle that contains an alcoholic beverage and 1-14 that has been opened, has a seal broken, or has the contents 1-15 partially removed. 1-16 (c) Subsection (b) does not apply if the alcoholic beverage 1-17 is in the possession: 1-18 (1) of a passenger in the living quarters of a house 1-19 trailer; or 1-20 (2) of a passenger, other than the owner, who has 1-21 hired the vehicle and the vehicle is owned or operated by a person 1-22 engaged in the business of transporting passengers for 1-23 compensation. 1-24 (d) Subsection (b) does not apply if the alcoholic beverage 2-1 is in the possession of a doctor or patient carrying alcoholic 2-2 beverages for therapeutic purposes. The department may require 2-3 acceptable medical proof for a person carrying a container of 2-4 alcohol for therapeutic purposes. 2-5 (e) Subsection (b) does not apply if the alcoholic beverage 2-6 is in the possession of a minister, priest, rabbi, accredited 2-7 Christian Science practitioner, or other similar functionary of a 2-8 religious organization who is carrying it for religious purposes. 2-9 (f) An offense under this section is a Class C misdemeanor. 2-10 SECTION 2. This Act takes effect September 1, 1995. 2-11 SECTION 3. The importance of this legislation and the 2-12 crowded condition of the calendars in both houses create an 2-13 emergency and an imperative public necessity that the 2-14 constitutional rule requiring bills to be read on three several 2-15 days in each house be suspended, and this rule is hereby suspended.