The Act on Open Containers prohibits the opening containers of alcoholic beverages. This may contain bottles and cans. Having an open alcohol container in motor vehicle is class C crime, a fine of up to $500 and no mandatory penalty in jail. Until you and your passengers violate other regulations, you will only receive a ticket and you will be fined.
Under certain circumstances, violations of Texas open container laws may result in increased fines for other crimes. For example, if you are also charged with DWI, seizing an open container in a car can increase the fines and you may face prison. This is called "Open Container Enhancement ". It can be added when the alcohol container is open in a DWI driver's vehicle.
