Sec. 49.031. POSSESSION OF ALCOHOLIC BEVERAGE IN MOTOR VEHICLE. (a) In this section:
(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.
(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:
(A) a glove compartment or similar storage container that is locked;
(B) the trunk of a vehicle; or
(C) the area behind the last upright seat of the vehicle, if the vehicle does not have a trunk.
(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:
(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
(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.
(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.
Added by Acts 2001, 77th Leg., ch. 969, Sec. 2, eff. Sept. 1, 2001.
Notes of Decisions
Cited in
30
cases (
6 in the last 5 years), 2002–2025 · leading case:
Ford v. State, 305 S.W.3d 530 (Tex. Crim. App. 2009).
Ford v. State, 305 S.W.3d 530 (Tex. Crim. App. 2009).
· cites it 8× “" TEX. PENAL CODE ANN. § 49.031 (Vernon 2003).”
Rodriguez v. State, 191 S.W.3d 428 (Tex. App.—Corpus Christi 2006).
· cites it 2× “, TEX. PEN.CODE ANN. § 49.031(a)(1), (b) (Vernon 2003) (a person commits an offense if in knowing possession of an "open container" of an alcoholic beverage in a motor vehicle).”
Harper v. State, 349 S.W.3d 188 (Tex. App.—Amarillo 2011).
“See Tex. Penal Code Ann. § 49.031 (b) (West 2011).”
State of Texas v. David Torres, No. 13-20-00559-CR (Tex. App.—Corpus Christi–Edinburg July 14, 2022).
· cites it 4× “2009) (“Whether a party’s particular complaint is preserved depends on whether the complaint on appeal comports Code for the open container violation, see TEX. PENAL CODE ANN. § 49.031, the State provided no authority for any exception to the search warrant requirement other…”
Ford, Ross Layton, No. PD-1753-08 (Tex. Crim. App. Oct. 21, 2009).
· cites it 4× “" Tex. Penal Code Ann. § 49.031 (Vernon 2003).”
Gonzalez, Kimberly, No. PD-1455-16 (Tex. Crim. App. Dec. 22, 2016).
· cites it 2× “6 Tex. Penal Code § 49.031. ...............”
State of Texas v. Ramon P. Astorga, 642 S.W.3d 69 (Tex. App.—El Paso 2021).
· cites it 2× “TEX.PENAL CODE ANN. § 49.031(d). The Texas Penal Code expressly provides that a peace officer charging a person with this offense, “instead of taking the person before a magistrate, shall issue to the person a written citation and notice to appear,” and that the officer “shall…”
Leeroy Randy Sanchez v. State of Texas, No. 08-24-00121-CR (Tex. App.—El Paso July 31, 2025).
· cites it 2× “” Tex. Pen. Code Ann. § 49.031 (3). The Texas Transportation Code contains additional definitions of the words, “highway” and “roadway.”
Shatanee Howard v. State, No. 12-16-00308-CR (Tex. App.—Tyler Sept. 20, 2017).
“TEX. PENAL CODE ANN. § 49.031(b) (West 2011).”
Texas Dep't of Pub. Saf. v. Alberto Torres, No. 13-17-00188-CV (Tex. App.—Corpus Christi July 26, 2018).
“1 Having an open container of alcohol in the passenger compartment of a motor vehicle is a violation of the Texas Penal Code. See TEX. PENAL CODE ANN.”
Brett Harding v. State of Texas, No. 08-22-00117-CR (Tex. App.—El Paso Apr. 20, 2023).
“See TEX. PENAL CODE ANN. § 49.031(b). After opening the center console, Gonzales observed the clear plastic container with what he believed (based on his training and experience) to be marijuana inside.”
Tex. Penal Code § 49.031(a)(1): 4 cases
Rodriguez v. State, 191 S.W.3d 428 (Tex. App.—Corpus Christi 2006).
“, TEX. PEN.CODE ANN. § 49.031(a)(1), (b) (Vernon 2003) (a person commits an offense if in knowing possession of an "open container" of an alcoholic beverage in a motor vehicle).”
Leeroy Randy Sanchez v. State of Texas, No. 08-24-00121-CR (Tex. App.—El Paso July 31, 2025).
“” Tex. Pen. Code Ann. § 49.031 (3). The Texas Transportation Code contains additional definitions of the words, “highway” and “roadway.”
Tex. Penal Code § 49.031(b): 5 cases
Ford v. State, 305 S.W.3d 530 (Tex. Crim. App. 2009).
“" TEX. PENAL CODE ANN. § 49.031 (Vernon 2003).”
Gonzalez, Kimberly, No. PD-1455-16 (Tex. Crim. App. Dec. 22, 2016).
“6 Tex. Penal Code § 49.031. ...............”
Shatanee Howard v. State, No. 12-16-00308-CR (Tex. App.—Tyler Sept. 20, 2017).
“TEX. PENAL CODE ANN. § 49.031(b) (West 2011).”
Brett Harding v. State of Texas, No. 08-22-00117-CR (Tex. App.—El Paso Apr. 20, 2023).
“See TEX. PENAL CODE ANN. § 49.031(b). After opening the center console, Gonzales observed the clear plastic container with what he believed (based on his training and experience) to be marijuana inside.”
Tex. Penal Code § 49.031(d): 1 case
State of Texas v. Ramon P. Astorga, 642 S.W.3d 69 (Tex. App.—El Paso 2021).
“TEX.PENAL CODE ANN. § 49.031(d). The Texas Penal Code expressly provides that a peace officer charging a person with this offense, “instead of taking the person before a magistrate, shall issue to the person a written citation and notice to appear,” and that the officer “shall…”
Tex. Penal Code § 49.031(e): 3 cases
Ford v. State, 305 S.W.3d 530 (Tex. Crim. App. 2009).
“" TEX. PENAL CODE ANN. § 49.031 (Vernon 2003).”
State of Texas v. David Torres, No. 13-20-00559-CR (Tex. App.—Corpus Christi–Edinburg July 14, 2022).
“2009) (“Whether a party’s particular complaint is preserved depends on whether the complaint on appeal comports Code for the open container violation, see TEX. PENAL CODE ANN. § 49.031, the State provided no authority for any exception to the search warrant requirement other…”
State of Texas v. Ramon P. Astorga, 642 S.W.3d 69 (Tex. App.—El Paso 2021).
“TEX.PENAL CODE ANN. § 49.031(d). The Texas Penal Code expressly provides that a peace officer charging a person with this offense, “instead of taking the person before a magistrate, shall issue to the person a written citation and notice to appear,” and that the officer “shall…”
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