Texas 2017 85th Regular

Texas House Bill HB1436 Introduced / Fiscal Note

Filed 02/02/2025

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                    LEGISLATIVE BUDGET BOARD    Austin, Texas      FISCAL NOTE, 85TH LEGISLATIVE REGULAR SESSION            April 15, 2017      TO: Honorable Joe Moody, Chair, House Committee on Criminal Jurisprudence      FROM: Ursula Parks, Director, Legislative Budget Board     IN RE:HB1436 by Wu (Relating to the offense of possessing an open container of alcohol in a motor vehicle.), As Introduced    No significant fiscal implication to the State is anticipated.  The bill would amend the Penal Code to define an open container as a bottle, can, or other receptacle that contains any amount of alcoholic beverage other than a receptacle that is factory-sealed by the manufacturer of the alcoholic beverage. The Texas Alcoholic Beverage Commission, Department of Public Safety, and Office of Court Administration report that the costs to implement the provisions of the bill could be absorbed within existing resources.The bill would take effect September 1, 2017. Local Government Impact A Class C misdemeanor is punishable by a fine of not more than $500. Costs associated with enforcement and prosecution could likely be absorbed within existing resources. Revenue gain from fines imposed and collected is not anticipated to have a significant fiscal impact. In addition to the fine, punishment can include up to 180 days of deferred disposition.     Source Agencies:212 Office of Court Administration, Texas Judicial Council, 405 Department of Public Safety, 458 Alcoholic Beverage Commission   LBB Staff:  UP, KJo, AI, FR, JGA    

LEGISLATIVE BUDGET BOARD
Austin, Texas
FISCAL NOTE, 85TH LEGISLATIVE REGULAR SESSION
April 15, 2017





  TO: Honorable Joe Moody, Chair, House Committee on Criminal Jurisprudence      FROM: Ursula Parks, Director, Legislative Budget Board     IN RE:HB1436 by Wu (Relating to the offense of possessing an open container of alcohol in a motor vehicle.), As Introduced  

TO: Honorable Joe Moody, Chair, House Committee on Criminal Jurisprudence
FROM: Ursula Parks, Director, Legislative Budget Board
IN RE: HB1436 by Wu (Relating to the offense of possessing an open container of alcohol in a motor vehicle.), As Introduced

 Honorable Joe Moody, Chair, House Committee on Criminal Jurisprudence 

 Honorable Joe Moody, Chair, House Committee on Criminal Jurisprudence 

 Ursula Parks, Director, Legislative Budget Board

 Ursula Parks, Director, Legislative Budget Board

HB1436 by Wu (Relating to the offense of possessing an open container of alcohol in a motor vehicle.), As Introduced

HB1436 by Wu (Relating to the offense of possessing an open container of alcohol in a motor vehicle.), As Introduced



No significant fiscal implication to the State is anticipated.

No significant fiscal implication to the State is anticipated.



The bill would amend the Penal Code to define an open container as a bottle, can, or other receptacle that contains any amount of alcoholic beverage other than a receptacle that is factory-sealed by the manufacturer of the alcoholic beverage. The Texas Alcoholic Beverage Commission, Department of Public Safety, and Office of Court Administration report that the costs to implement the provisions of the bill could be absorbed within existing resources.The bill would take effect September 1, 2017.

Local Government Impact

A Class C misdemeanor is punishable by a fine of not more than $500. Costs associated with enforcement and prosecution could likely be absorbed within existing resources. Revenue gain from fines imposed and collected is not anticipated to have a significant fiscal impact. In addition to the fine, punishment can include up to 180 days of deferred disposition. 

Source Agencies: 212 Office of Court Administration, Texas Judicial Council, 405 Department of Public Safety, 458 Alcoholic Beverage Commission

212 Office of Court Administration, Texas Judicial Council, 405 Department of Public Safety, 458 Alcoholic Beverage Commission

LBB Staff: UP, KJo, AI, FR, JGA

 UP, KJo, AI, FR, JGA