Open container on a bus: Need law interpretation

[Assman 1830]

I am leaving the AF and having a going-away party next week.  I want to buy an old school bus and make it a party bus for the night, then donate it to my squadron for future use.  I am reading the open container laws and need some of the Surly Law Mafia to help me out with the interpretation.  The law reads as follows with the important part bolded:

 

 

Quote

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.

(2) "Passenger area of a motor vehicle" means the area of a motor vehicle designed for the seating of the operator and passengers of the vehicle. The term does not include:

(A) a glove compartment or similar storage container that is locked;

(B) the trunk of a vehicle; or

(C) the area behind the last upright seat of the vehicle, if the vehicle does not have a trunk.

(3) "Public highway" means the entire width between and immediately adjacent to the boundary lines of any public road, street, highway, interstate, or other publicly maintained way if any part is open for public use for the purpose of motor vehicle travel. The term includes the right-of-way of a public highway.

(b) 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.

(c) It is an exception to the application of Subsection (b) that at the time of the offense the defendant was a passenger in:

[(1) the passenger area of a motor vehicle designed, maintained, or used primarily for the transportation of persons for compensation, including a bus, taxicab, or limousine; or

(2) the living quarters of a motorized house coach or motorized house trailer, including a self-contained camper, a motor home, or a recreational vehicle.

 

So what exactly does "used primarily for the transportation of persons for compensation" mean?  If I pay a dude to drive us around, does that meet the intent of the law?  Does it have to be a legitimate business?  Is a CDL required?  None of that is detailed above.  Halp.

Edited August 17, 2019 by Assman

[woohorn 1131]

U left off key words from ur quote

 

""DESIGNED... OR used primarily for the transportation of persons for compensation"

 

UR bus WAS designed to be a bus. Drink up, brah!

 

 

[Judge Roybeanbag 11819]

I don’t know about the legality but that is a cool idea.  Hope it works out!

[luke duke 6413]

Whose name is going to be on the title of said bus? Who will be insuring said bus? Who can I sue when said bus crashes into my car?

[Assman 1830]

21 minutes ago, luke duke said:

Whose name is going to be on the title of said bus? Who will be insuring said bus? Who can I sue when said bus crashes into my car?

Will probably put it in some General's name just to be safe

[MNLonghornFUKM 8817]

Im quite sure you need a barrier(wall, curtain) separating the driver from the drinkers

[luke duke 6413]

I’ve never been on a party bus with a partition.

[HeHateMe 886]

On 8/16/2019 at 9:20 PM, Assman said:

I am leaving the AF and having a going-away party next week.  I want to buy an old school bus and make it a party bus for the night, then donate it to my squadron for future use.  I am reading the open container laws and need some of the Surly Law Mafia to help me out with the interpretation.  The law reads as follows with the important part bolded:

 

 

So what exactly does "used primarily for the transportation of persons for compensation" mean?  If I pay a dude to drive us around, does that meet the intent of the law?  Does it have to be a legitimate business?  Is a CDL required?  None of that is detailed above.  Halp.

When you say old school bus, do you mean an out of commission blue bird or an 80’s Greyhound?  I only ask because I’m trying to figure out the retro fit for the bar and stripper pole.  The answer is important.  Good on you for doing this.

[Assman 1830]

I'm talking about a school bus, that is old.

And I don't think there has to be a partition.  I didn't see that written anywhere.

[HRSchenker 2268]

It says that the passenger area of the vehicle does not include the area behind the last upright seat of the vehicle, if the vehicle does not have a trunk. So if you took out a bunch of seats and boozed it up behind the last seat in the bus then technically you're not in the passenger area of the vehicle. 

[RDCanecutter 26446]

This is a very Air Force thread in that there is a lot of talking, and some of the words are very big.

Pretend you're Army, and just steal it.

[Nolacycling 893]

Really think you're over thinking this. I've never been on a party bus that has a partition. Just make sure the driver is sober, nothing goes flying out the windows and have fun.

[BearSchlong 8098]

And be sure to offer the cops some cold beers when they pull you over.

 

Be sure to thank the strippers for their cervix.

[dcbc 14487]

Section 49.031 of the Texas Penal Code says that 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. An offense under this section is a Class C misdemeanor, punishable by a fine up to $500.

It is an exception if at the time of the offense the person was a passenger in:

1. the passenger area of a motor vehicle designed, maintained, or used primarily for the transportation of persons for compensation, including a bus, taxicab, or limousine; or
2. the living quarters of a motorized house coach or motorized house trailer, including a self-contained camper, a motor home, or a recreational vehicle.

https://www.tabc.state.tx.us/enforcement/driving_while_intoxicated.asp

 

Make sure the driver has the right kind of license to drive the bus and collect a buck from everyone.

Edited August 29, 2019 by dcbc

[Nolacycling 893]

Since this thread is staying alive...I do a summer vacation where a large number of "teams" travel and party by bus for a week. There are a lot of headaches. Make sure your gesture of buying a party bus for your friends makes sense financially. It will have to be insured year-round and because it's not an rv, it can get expensive. Where are you going to store it? Who's going to work on it? Tires won't get a lot of mileage, but dry rot? There are a lot of inexpensive high-mileage buses out there,  for a reason.