By Hill                                                 H.B. No. 89
         77R1272 JD-D                           
                                A BILL TO BE ENTITLED
 1-1                                   AN ACT
 1-2     relating to possessing or consuming an alcoholic beverage in a
 1-3     motor vehicle.
 1-4           BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
 1-5           SECTION 1.  Section 49.03, Penal Code, is amended to read as
 1-6     follows:
 1-7           Sec. 49.03.  CONSUMPTION OR POSSESSION OF ALCOHOLIC BEVERAGE
 1-8     IN MOTOR VEHICLE.  (a)  A person commits an offense if the person
 1-9     consumes an alcoholic beverage while operating a motor vehicle in a
1-10     public place [and is observed doing so by a peace officer].
1-11           (b)  An occupant of a motor vehicle that is located on a
1-12     public highway, or on the right-of-way of a public highway,
1-13     including a rest area, comfort station, picnic area, roadside park,
1-14     or scenic overlook situated on the right-of-way of a public
1-15     highway, commits an offense if the person:
1-16                 (1)  consumes an alcoholic beverage; or
1-17                 (2)  possesses in the passenger area of the motor
1-18     vehicle a bottle, can, or other receptacle that:
1-19                       (A)  contains an alcoholic beverage; and
1-20                       (B)  has been opened, has a broken seal, or has
1-21     the contents partially removed.
1-22           (c)  It is an affirmative defense to prosecution under
1-23     Subsection (b) that the person consuming the alcoholic beverage is,
1-24     or that the receptacle containing the alcoholic beverage is in the
 2-1     possession of:
 2-2                 (1)  a passenger in the living quarters of a house
 2-3     coach or house trailer; or
 2-4                 (2)  a passenger in a motor vehicle designed,
 2-5     maintained, or used primarily for the transportation of persons for
 2-6     compensation.
 2-7           (d)  An offense under this section is a Class C misdemeanor. 
 2-8           SECTION 2.  (a)  This Act takes effect September 1, 2001.
 2-9           (b)  The change in law made by this Act applies only to an
2-10     offense committed on or after September 1, 2001.  An offense that
2-11     was committed before September 1, 2001, is governed by the law in
2-12     effect on the date the offense was committed, and the former law is
2-13     continued in effect for that purpose.
2-14           (c)  For the purposes of this section, an offense was
2-15     committed before September 1, 2001, if any element of the offense
2-16     occurred before that date.