89R9560 RDR-D
By: Curry H.B. No. 2984
A BILL TO BE ENTITLED
AN ACT
relating to a rebuttable presumption that a person is intoxicated
based on an alcohol concentration level analysis.
BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
SECTION 1. Chapter 49, Penal Code, is amended by adding
Section 49.015 to read as follows:
Sec. 49.015. REBUTTABLE PRESUMPTION OF INTOXICATION. In a
prosecution for an offense under this chapter, there is a
rebuttable presumption that a person was intoxicated at the time of
the offense if it is shown on the trial of the offense that an
analysis of a specimen of the person's blood, breath, or urine
showed an alcohol concentration level of 0.08 or more at the time
the analysis was performed.
SECTION 2. Section 49.015, Penal Code, as added by this Act,
applies only to an offense committed on or after the effective date
of this Act. An offense committed before the effective date of this
Act is governed by the law in effect on the date the offense was
committed, and the former law is continued in effect for that
purpose. For purposes of this section, an offense was committed
before the effective date of this Act if any element of the offense
occurred before that date.
SECTION 3. This Act takes effect September 1, 2025.