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.