SRC-BWC S.B. 91 77(R)   BILL ANALYSIS


Senate Research Center   S.B. 91
77R1272 JD-DBy: Nelson
Criminal Justice
2/19/2001
As Filed


DIGEST AND PURPOSE 

Currently, Texas law is not consistent with federal law that specifies that
a person commits an offense if that person consumes an alcoholic beverage
while operating a motor vehicle on any public highway or right-ofway of a
public highway.  Texas law also does not address open containers of
alcoholic beverages in the passenger area and the possession and
consumption of the alcoholic beverages by passengers other than the driver.
Under the Transportation Equity Act for the 21st Century (TEA-21), each
state must have an open container law as prescribed by federal law, in
effect and being enforced by certain deadlines, or have certain
federal-aid-highway funds transferred to the state's highway safety and
other safety-related programs.  As proposed, S.B. 91 prohibits possession
and consumption of any open alcoholic beverage, by the driver or the
passengers, on any public highway or right-of-way of a public highway, with
certain exceptions, depending upon the type of vehicle.   

RULEMAKING AUTHORITY

This bill does not expressly grant any additional rulemaking authority to a
state officer, institution, or agency. 

SECTION BY SECTION ANALYSIS

SECTION 1.  Amends Section 49.03, Penal Code, by providing that an occupant
of a motor vehicle,  that is located on a public highway or certain areas
around a public highway, commits an offense if the person engages in
certain actions.  Provides that it is an affirmative defense to prosecution
that the person consuming the alcoholic beverage is, or that the receptacle
containing the alcoholic beverage is in the possession of a passenger in
certain types of vehicle.  Deletes text requiring the consumption of an
alcoholic beverage to be observed by a peace officer. 

SECTION 2.  Effective date:  September 1, 2001.
                       Makes application of this Act prospective.