Texas Open Container Law (2026): Penal Code 49.031 Explained

Texas bans any person, driver or passenger, from knowingly possessing an open alcoholic beverage container in the passenger area of a vehicle on a public highway, whether the vehicle is moving, stopped, or parked, under Tex. Penal Code § 49.031. As of September 2026, the operative text was confirmed live against the state's official code site.

Jurisdiction scope: This article addresses Texas's state open container statute, Tex. Penal Code § 49.031. It does not address Texas's DUI or public intoxication laws in detail. For Texas's DUI penalties, see Texas DUI laws.

What Texas's Open Container Law Prohibits

Texas's statute reads, in relevant part:

"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."

Tex. Penal Code § 49.031(b)

Because the statute names "a person" rather than "the driver," it reaches the driver and every passenger equally. It also reaches the vehicle in every state a driver might leave it in: being driven, stopped at a light, or parked. Holding several open containers at once, or in the course of one stop, still counts as a single offense rather than one charge per container. No separate clause criminalizing the act of drinking was found within this section; it is written as a possession offense. That does not mean drinking in a moving vehicle carries no legal risk in Texas, since a driver who is impaired can still be charged under Texas's DUI laws, and a passenger may face public intoxication exposure under a different statute. Section 49.031 is a possession offense; impaired driving and public intoxication are separate Texas statutes covered elsewhere on this site.

Exemptions

Texas's statute defines the "passenger area" narrowly enough to leave real storage options open, and separately exempts two categories of passengers. A container is outside the banned passenger area if it is in:

• A locked glove compartment or similar locked storage container.
• The trunk.
• The area behind the last upright seat, in a vehicle that has no trunk.

Separately, the statute exempts certain passengers, not the driver, from the possession ban entirely when they are:

"a passenger in ... the passenger area of a motor vehicle designed, maintained, or used primarily for the transportation of persons for compensation," such as a bus, taxicab, or limousine.

Tex. Penal Code § 49.031(c)

A passenger in the living quarters of a motorized house coach or house trailer, including a self-contained camper, motor home, or RV, is exempt on the same basis. In both cases, the exemption belongs to the passenger, not the driver; the driver of a for-hire vehicle or motor home remains subject to the general possession ban.

Penalty

A violation of Section 49.031 is a Class C misdemeanor, which under Texas law is fine-only with no jail exposure. The section itself does not state a dollar amount; the general Class C misdemeanor fine cap is set by Tex. Penal Code § 12.23 at not more than $500. Under Section 49.031(e), an officer charging this offense issues a written citation and notice to appear instead of taking the person before a magistrate, and must release the person once the person signs the citation as a written promise to appear. Multiple open containers found during one criminal episode still charge as a single offense, as stated above, so the exposure does not multiply by container count.

Federal Compliance

Federal law, 23 U.S.C. § 154, conditions a share of a state's highway funding on having an open container law that bans both possession and consumption, covers the whole passenger area, reaches every occupant, and is primarily enforced. States that fall short have 2.5 percent of certain federal highway apportionments reserved and redirected to highway safety programs, under FHWA's annual apportionment notice. Texas is not on FHWA's list of non-conforming states for fiscal year 2026 (FHWA Notice N4510.905, dated October 1, 2025).

Disclaimer: This article provides general legal information about open container laws in the United States as of September 2026. It is not legal advice. Open container statutes, exemptions, and penalties change; verify the current text of your state's law before relying on it, and consult a lawyer licensed in your state for advice about a specific situation.

Related reading: open container laws by state, Texas DUI laws, and Texas window tint laws.

Statutes cited reflect their in-force version as of 2026-09-16. Last updated: 2026-09-16.

Frequently Asked Questions

Can a passenger drink in a car in Texas if the driver is sober?

Texas Penal Code Section 49.031 bans possessing an open container in the passenger area for the driver and every passenger, regardless of the driver's sobriety, and no separate consumption clause was found within this section. A sober driver does not exempt a passenger from the possession ban.

Is an open container illegal in a parked car in Texas?

Yes. Section 49.031(b) applies regardless of whether the vehicle is being operated, stopped, or parked on a public highway.

Does Texas's open container law apply to RVs and limousines?

Passengers, but not the driver, are exempt in the passenger area of a for-hire vehicle such as a bus, taxicab, or limousine, and in the living quarters of a motorized house coach, house trailer, camper, motor home, or RV.

What is the fine for an open container violation in Texas?

A violation is a Class C misdemeanor, fine-only with no jail time, capped at $500 under Penal Code Section 12.23.