(and passing on the shoulder if you're in a hurry or riding around with open beer is legal there ) Go figure.
I think the rule on passing in Texas is to pull over on the shoulder, if feasible, to let someone in a hurry pass even if you are traveling at the speed limit.
As far as drinking and driving is concerned, now you can't have an open alcohol container in the vehicle. There was a time when many convenience stores had a drive through window that served mixed drinks, wine and beer but that all ended in the mid '80's. If you blow more that . 10 now you are in major trouble, no exceptions. The third offense is a felony and you will get at least 10 years. Usually get out in 11 months and probation for life. Best not to drive and drink in Texas. Before anyone thinks I must have personal experience with the drinking and driving thing, not, I've never been stopped while I was drunk. That fact might have something to do with the 2 rifles and 1 shotgun I have hanging in my rear window.
Just kidding about the guns. Mine is concealed.