Texas Penal Code - Section 49.031. Possession Of Alcoholic Beverage In Motor Vehicle
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Texas Laws > Penal Code > Texas Penal Code - Section 49.031. Possession Of Alcoholic Beverage In Motor Vehicle
Section: 47.09 47.10 48.01 48.015 48.02 49.01 49.02 49.031 49.04 49.045 49.05 49.06 49.065 49.07 49.08
§ 49.031. POSSESSION OF ALCOHOLIC BEVERAGE IN MOTOR
VEHICLE. (a) In this section:
(1) "Open container" means a bottle, can, or other
receptacle that contains any amount of alcoholic beverage and that
is open, that has been opened, that has a broken seal, or the
contents of which are partially removed.
(2) "Passenger area of a motor vehicle" means the area
of a motor vehicle designed for the seating of the operator and
passengers of the vehicle. The term does not include:
(A) a glove compartment or similar storage
container that is locked;
(B) the trunk of a vehicle; or
(C) the area behind the last upright seat of the
vehicle, if the vehicle does not have a trunk.
(3) "Public highway" means the entire width between
and immediately adjacent to the boundary lines of any public road,
street, highway, interstate, or other publicly maintained way if
any part is open for public use for the purpose of motor vehicle
travel. The term includes the right-of-way of a public highway.
(b) A person commits an offense if the person knowingly
possesses an open container in a passenger area of a motor vehicle
that is located on a public highway, regardless of whether the
vehicle is being operated or is stopped or parked. Possession by a
person of one or more open containers in a single criminal episode
is a single offense.
(c) It is an exception to the application of Subsection (b)
that at the time of the offense the defendant was a passenger in:
(1) the passenger area of a motor vehicle designed,
maintained, or used primarily for the transportation of persons for
compensation, including a bus, taxicab, or limousine; or
(2) the living quarters of a motorized house coach or
motorized house trailer, including a self-contained camper, a motor
home, or a recreational vehicle.
(d) An offense under this section is a Class C misdemeanor.
(e) A peace officer charging a person with an offense under
this section, instead of taking the person before a magistrate,
shall issue to the person a written citation and notice to appear
that contains the time and place the person must appear before a
magistrate, the name and address of the person charged, and the
offense charged. If the person makes a written promise to appear
before the magistrate by signing in duplicate the citation and
notice to appear issued by the officer, the officer shall release
Added by Acts 2001, 77th Leg., ch. 969, § 2, eff. Sept. 1, 2001.
Last modified: August 11, 2007