What are the open container laws in Texas?

Question

Accepted Answer

Texas does not have a separate civil open-container ticket — it is a Class C criminal misdemeanor under § 49.031 of the Penal Code.

1. Statutory Elements

Knowingly possesses an open container (any bottle, can, or other receptacle that has been opened, has a broken seal, or contents partially removed).

In the passenger area — defined as the area designed for seating, including unlocked glove compartments.

Of a motor vehicle on a public highway, regardless of whether the vehicle is moving, stopped, or parked.

The beverage must contain 0.5% or more alcohol by volume.

2. Penalty

Class C misdemeanor, fine up to $500, no jail. A conviction appears on a criminal record. If charged with DWI as well, a separate offense — but a DWI plus open container under § 49.04(c) bumps the minimum DWI jail term to 6 days.

3. Exceptions

Trunk or area behind the rearmost upright seat in vehicles without a trunk.

Locked glove compartment.

Living quarters of a motorhome or self-contained camper.

Passenger of a bus, taxicab, or limousine — passengers in a hired chauffeur-driven vehicle may drink, but the driver still may not.

4. Driver vs Passenger

Both can be charged. Unlike some states, Texas does not give the driver a free pass when the passenger is the one drinking — anyone in possession can be cited.

5. Public Consumption

Statewide public drinking is permitted unless a local ordinance forbids it. Designated entertainment districts (e.g., portions of Fort Worth Stockyards, Sundance Square via special permit) may allow open public consumption.

This is legal information, not legal advice.