| 1 | 1 | | 85R5605 MCK-D |
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| 2 | 2 | | By: Wu H.B. No. 1436 |
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| 3 | 3 | | |
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| 4 | 4 | | |
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| 5 | 5 | | A BILL TO BE ENTITLED |
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| 6 | 6 | | AN ACT |
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| 7 | 7 | | relating to the offense of possessing an open container of alcohol |
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| 8 | 8 | | in a motor vehicle. |
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| 9 | 9 | | BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS: |
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| 10 | 10 | | SECTION 1. Section 49.031(a)(1), Penal Code, is amended to |
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| 11 | 11 | | read as follows: |
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| 12 | 12 | | (1) "Open container" means a bottle, can, or other |
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| 13 | 13 | | receptacle that contains any amount of alcoholic beverage other |
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| 14 | 14 | | than a receptacle that is factory-sealed by the manufacturer of the |
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| 15 | 15 | | alcoholic beverage [and that is open, that has been opened, that has |
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| 16 | 16 | | a broken seal, or the contents of which are partially removed]. |
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| 17 | 17 | | SECTION 2. The change in law made by this Act to Section |
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| 18 | 18 | | 49.031(a)(1), Penal Code, applies only to an offense committed on |
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| 19 | 19 | | or after the effective date of this Act. An offense committed |
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| 20 | 20 | | before the effective date of this Act is governed by the law in |
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| 21 | 21 | | effect on the date the offense was committed, and the former law is |
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| 22 | 22 | | continued in effect for that purpose. |
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| 23 | 23 | | SECTION 3. This Act takes effect September 1, 2017. |
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