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Texas Open Container Law (2026)

Restricted: Texas makes knowingly possessing an open container in the passenger area of a vehicle on a public highway — parked or moving — a Class C misdemeanor with a fine of up to $500.

RestrictedVerified May 31, 2026

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Texas makes knowingly possessing an open container in the passenger area of a vehicle on a public highway — parked or moving — a Class C misdemeanor with a fine of up to $500. Exceptions cover passengers in hire vehicles such as a bus, taxi or limousine, and recreational-vehicle living quarters (Penal Code 49.031).

Official source: statutes.capitol.texas.gov →

General legal information, not legal advice — verify important decisions with a licensed attorney.

Open Container Law in states bordering Texas

The same rule in each neighboring state LawLert has verified, from that state’s own official source.

ArkansasRestricted
In Arkansas it is unlawful to possess an open alcoholic beverage container in the area designed to seat the driver or a passenger while the vehicle is in operation, or in any area readily accessible from a seated position while the vehicle is on a public highway or its right-of-way (A.C.A. § 5-71-218, Act 849 of 2017). …
Verified Jul 30, 2026 · Source: arkleg.state.ar.us · Full Arkansas rule →
LouisianaRestricted
Louisiana prohibits open containers in the passenger area of a vehicle on a public highway, for the driver and for passengers, with limited exceptions (R.S. 32:300). Note that New Orleans allows open containers — plastic "go cups" — for pedestrians on foot in some areas, but not in vehicles.
Verified May 31, 2026 · Source: legis.la.gov · Full Louisiana rule →
New MexicoRestricted
New Mexico prohibits an open container of an alcoholic beverage in the passenger area; drinking, or possessing an open container, in a moving or parked vehicle on a public highway is barred for the driver and for passengers (NMSA 66-8-138).
Verified May 31, 2026 · Source: nmonesource.com · Full New Mexico rule →
OklahomaRestricted
Oklahoma prohibits transporting or possessing an open or broken-seal container of beer, wine or spirits in a moving vehicle on a public road, with exceptions for limousines and buses. It is a misdemeanor.
Verified May 31, 2026 · Source: oklahoma.gov · Full Oklahoma rule →

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