Res 124-84 7/3/1984RESOLUTION NO. 44. 4q
RESOLUTION URGING THE TEXAS LEGISLATURE TO ADOPT
A STATUTE PROHIBITING THE POSSESSION OF AN OPEN
CONTAINER OF AN ALCOHOLIC BEVERAGE WHILE IN A
MOTOR VEHICLE IN A PUBLIC PLACE .
WHEREAS , it appears that damages to persons and property
caused by intoxicated drivers is one of our most serious problems,
and that this problem should be attacked with all legal means at
our disposal; and,
WHEREAS, the Attorney General has ruled that cities do not
have the authority to ban open containers of alcoholic beverages
in automobiles in public places, but the cities of Arlington and
Corpus Christi have adopted ordinances which prohibit the operator
of a motor vehicle from intentionally consuming an alcoholic
beverage while operating a motor vehicle in a public place; and,
WHEREAS, although these ordinances have not been ruled on by
the Attorney General or in court, there is case law which indicates
that these ordinances may also be invalid; and,
WHEREAS, it appears that the banning of open containers in
motor vehicles is a step which would help reduce the crime of
driving while intoxicated, but the Texas Legislature is probably
the only body with authority to enact such legislation.
NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY
OF WICHITA FALLS, TEXAS, THAT:
The Texas Legislature is hereby urged to enact, at its very
earliest opportunity, legislation which would make it a crime for
a person to possess an open container of alcoholic beverage while
in a motor vehicle in a public place .
PASSED AND APPROVED this the 3rd day of July, 1984 .
M Y O R
ATTEST:
Cit Clerk