Legal Opinion

Opinion No.

Texas Attorney General Reports

Decided January 13, 1987Published

1Opinion of the Court

Honorable Al Luna Chairman Committee on Science Technology Texas House of Representatives P.O. Box 2910 Austin, Texas 78769

Re: Whether a municipality may adopt an ordinance prohibiting the consumption of alcoholic beverages by persons operating motor vehicles

Dear Representative Luna:

You ask whether a home rule city may adopt an ordinance prohibiting the consumption of alcoholic beverages by persons operating motor vehicles. Specifically, you ask whether such an ordinance would be preempted by the Texas Alcoholic Beverage Code, by The Uniform Act Regulating Traffic on Highways, article 6701d,…

2Cases cited13 opinions

  1. Lower Colorado River Authority v. City of San MarcosTexas Supreme Court · 1975
  2. City of Brookside Village v. ComeauTexas Supreme Court · 1982
  3. Forwood v. City of TaylorTexas Supreme Court · 1948
  4. City of Sweetwater v. GeronTexas Supreme Court · 1964
  5. Parr v. StateCourt of Criminal Appeals of Texas · 1978

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