Anyone know the fine if you're busted for consuming alcohol in a state park?
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Alcohol in Texas state parks
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Last: 20 yr ago by
I thought it was legal as long as it isn't in a glass container, or out in the open.
beer yes, no glass...drank at anzalduas state park last weekend..and fished
Texas State Park Regulations 59.134 (j):
(j) Alcoholic Beverages.
It is an offense to consume or display an open container of an alcoholic beverage in a public place or sell alcoholic beverages within a state park.
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That's truly terrible drafting. I have no idea what that means.
(j) Alcoholic Beverages.
It is an offense to consume or display an open container of an alcoholic beverage in a public place or sell alcoholic beverages within a state park.
--------
That's truly terrible drafting. I have no idea what that means.
quote:
59.134 (j). Alcoholic Beverages.
It is an offense to consume or display an open container of an alcoholic beverage in a public place or sell alcoholic beverages within a state park.
http://www.tpwd.state.tx.us/park/admin/rules.phtml
There is no penalty listed in the Texas State Park regs, but I would venture a guess (not certain) that it is a Class C misdemeanor.
If it was considered a violation of the TABC, it would be here:
quote:
§ 1.05. GENERAL PENALTY. (a) A person who violates a
provision of this code for which a specific penalty is not provided
is guilty of a misdemeanor and on conviction is punishable by a fine
of not less than $100 nor more than $1,000 or by confinement in the
county jail for not more than one year or by both.
(b) The term "specific penalty," as used in this section,
means a penalty which might be imposed as a result of a criminal
prosecution.
Yeah, I found that. But it's a fairly large price range. I wondered if anyone knows specifically what alcohol violations generally run.
Anyway, it doesn't really matter. Like I'm going to go camping without beer, anyway. I'll just have to take my chances.
Thanks for the help.
Thanks for the help.
quote:Actually, I like that one better than the $1000 maximum.
13.112 ADOPTION OF PENALTIES.
[Pursuant to this section, the Parks and Wildlife Commission has adopted the following penalties for violations of the succeeding regulations.]
Class C Parks and Wildlife Misdemeanor $25-$500.
I've been to state parks all over Texas, and they don't seem to have a problem with it as long as you keep it at your campsite, and don't act like a drunk idiot.
quote:Cool. That's what I was hoping.
I've been to state parks all over Texas, and they don't seem to have a problem with it as long as you keep it at your campsite, and don't act like a drunk idiot.
You're parsing the sentence wrong.
You can't drink it in public place in the state park.
It's also illegal to sell it there.
You can consume it all you want as long as you aren't in a public area.
You can't drink it in public place in the state park.
It's also illegal to sell it there.
You can consume it all you want as long as you aren't in a public area.
Yeah, but is an outdoor campsite a "public area"? I'd rather not crouch down inside my tent all night just to have a few beers.
I've never had a problem with alcohol at a state park, but I agree that thing is poorly drafted.
quote:
to consume or display an open container of an alcoholic beverage in a public place
Depends on what definition they are using for a "public place".
Examples:
Tent: probably not
On the public picnic table: maybe
quote:
59.131 DEFINITIONS
Public place: Any place to which the public or a substantial group of the public has access. In the state park system areas that are not considered a public place are cabins, screened shelters, recreation halls, group barracks, lodges, tents, campers, trailers, motor homes or any vehicle(s) that are used as camping equipment.
Well, there you go.
another mystery solved! huzzah!
quote:Not really. I still don't know an exact amount I am likely to pay if cited for an alcohol violation in a state park.
another mystery solved! huzzah!
your campsite is not considered a public place
quote:Where do you see that?
your campsite is not considered a public place
My tent is not a public space, but as tool said, it's not much fun to crouch in your tent while you drink.
Can the bed of my truck be considered lodging??
Experienced based feedback:
Be inconspicous by using coozies over cans or pouring into cups. Don't overdo it.
They're just trying to keep the parks from having obnoxious drunk idiots, but it still happens on occasion.
Be inconspicous by using coozies over cans or pouring into cups. Don't overdo it.
They're just trying to keep the parks from having obnoxious drunk idiots, but it still happens on occasion.
quote:The definition above implies that it can, if you plan on sleeping there.
Can the bed of my truck be considered lodging??
Yeah, I'm planning to pour into cups and stay calm. 
Can passing out be considered sleeping?
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