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.