Sec.
49.031. POSSESSION OF ALCOHOLIC BEVERAGE IN MOTOR VEHICLE
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| (a) |
In this section: |
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(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. |
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(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: |
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(A) a glove compartment or similar storage container that is
locked; |
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(B) the trunk of a vehicle; or |
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(C) the area behind the last upright seat of the vehicle, if the
vehicle does not have a trunk. |
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(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: |
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(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 |
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(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.
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| (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 the person. |
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