Alcohol in Limousines in Texas: Open Container Law Exceptions

Texas Penal Code § 49.031 generally prohibits open containers of alcohol in the passenger area of a motor vehicle on a public highway. This applies to limousines.

Statutory Exceptions (Legal Possession)

• Private Event Exception: Vehicle used for a pre-arranged private event (wedding, prom, bachelor/ette party) where the driver is separated by a partition and passengers are not accessible to the driver.
• Commercial Tour Exception: Vehicle operated by a licensed carrier for a wine/brewery tour or similar commercial sightseeing service.
• Living Quarters: Motorhomes/RVs (living area).

Critical Nuance

Simply hiring a limo for a night out does not automatically qualify unless it meets the "private event" or "commercial tour" statutory definitions. The partition requirement is strict. Violations are Class C misdemeanors (fine up to $500).