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.