[NewellCrazy]

This is what law states in Texas:

Does the motor vehicle have to be moving for a violation to occur?
No. Under the law, a person commits an open container offense by possessing an open container in the passenger area of a motor vehicle regardless of whether the vehicle is being operated or is stopped or parked. There is an exception for people who are passengers in a bus, taxi, or limousine; or who are in the living quarters of a motorized house coach or motorized house trailer, including a self-contained camper, motor home, or recreational vehicle.