By Hill                                                 H.B. No. 31

      75R1632 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, 1997.

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.