HB 1436

85(R) - 2017
House Criminal Jurisprudence
House Criminal Jurisprudence
Alcoholic Beverage Code
Transportation & Infrastructure

Vote Recommendation

  • Negative
  • Negative
  • Negative
  • Negative
  • Negative


Gene Wu

Bill Caption

Relating to the offense of possessing an open container of alcohol in a motor vehicle.

Fiscal Notes

No significant fiscal implication to the State is anticipated.

Bill Analysis

Current law explicitly states the definition of an open container of alcohol. HB 1436 would change this definition to mean any receptacle, open or closed, other than the factory-sealed container from the manufacturer which contains alcohol. 

Vote Recommendation Notes

Texas Action opposes this bill. HB 1436 infringes on our principles of limited government, individual liberties, personal responsibility, and free markets because this change in the definition of an open container would negatively disrupt local businesses which sell alcohol in non-manufacturer-sealed containers. This change would also have no foreseeable benefits for reducing drunk driving because it is already classified as an offense.