85R5605 MCK-D
 
  By: Wu H.B. No. 1436
 
 
 
A BILL TO BE ENTITLED
 
AN ACT
  relating to the offense of possessing an open container of alcohol
  in a motor vehicle.
         BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
         SECTION 1.  Section 49.031(a)(1), Penal Code, is amended to
  read as follows:
               (1)  "Open container" means 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 [and that is open, that has been opened, that has
  a broken seal, or the contents of which are partially removed].
         SECTION 2.  The change in law made by this Act to Section
  49.031(a)(1), Penal Code, applies only to an offense committed on
  or after the effective date of this Act. An offense committed
  before the effective date of this Act is governed by the law in
  effect on the date the offense was committed, and the former law is
  continued in effect for that purpose.
         SECTION 3.  This Act takes effect September 1, 2017.