"Open Container" and trash

[RobinBradbery]

Often, while I am out and about on the beaches and waterways of Texas, I try to pick up the trash that I come across. I have always done this in an effort to help do my part and clean these areas I enjoy so well. But I got to thinking the other day as I was about to place a large collection of beer bottles left by some inconsiderate beach user behind my seat to be properly disposed of that I, in fact, almost put "open containers" in my vehicle as defined by the law.

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.

Upon this sudden revelation I began to question my previous trash collection habits. Unfortunately beer bottles and cans often make up a significant percentage of the trash I come across. I don't drink myself and don't have any problems with those that do. But if I had been pulled over I would have had a hard time explaining that I was just collecting trash.

Maybe I should just leave the bottles and cans there from now on. I hate to think that someone who was cleaning up others peoples mess would be penalized for it. It is something to ponder though.



I over think things too much sometimes.

[Man]

I always pick up trash on the beach while fishing and toss it in with mine. I think you over thinking the beer can thing.

[TexMax]

I like to think that someone would be smart enough to believe that you didn't drink a trash sack of sandy beers while in your vehicle. And that in the process of being pulled over you could have reached back and tied it up.

I under think things sometimes. Alright almost always

[Skinny]

Are there not trash cans along the beach for you to put the litter in??

[Smart]

Just carry a box of small trashbags with you. I doubt a police officer would stroke you for a ticket for cans or bottles tied up in a garbage sack.

[Cazador]

Put them in the trunk or bed and you should be good. The way I read it as long as they are empty you're okay anyway.

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.

[duckmanep]

not to hijack, but I have a question. Take a full bottle of Crown to deer camp. Drive home with a half empty bottle the next afternoon. Could get busted for open container I suppose?

[Artos]

I wouldn't...i had an open container violation dismissed that was clearly old / trash by an over zealous leo. It was blatant overreach.

You are basically gambling on desecration / common sense.

[Artos]

not to hijack, but I have a question. Take a full bottle of Crown to deer camp. Drive home with a half empty bottle the next afternoon. Could get busted for open container I suppose?

You can get a violation but does not mean it will stick...keep it out of sight & out of reach to protect yourself.

[RobinBradbery]

In this case I had just picked up someones recently emptied bottles. They even still smelled of beer and had some still in them which I dumped out. That is what go me to thinking about the open container thing. I usually have a pile of various stuff gathered which is obviously beach trash, complete with sand, but this time it was just the bottles. It irritated me that someone would be so self centered as to leave their bottles, glass no less, laying on the beach. There were no litter cans nearby so I guess they didn't want to be bothered with hauling it off.

[47]

[BigThicketBoy]

Man you got to be a old fart too, to remember that

[coy-ote]

iron eyes Cody an Italian American portraying a native American or something like that

[AntlerCollector]

Pour the beer out and it's legal

[47]

Man you got to be a old fart too, to remember that

That and the commercials they used to run with some 11 year old kid whining about how there wouldn't be any oil left by the time he was old enough to drive.