Old | New | Differences | |
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1 | 1 | 89R9560 RDR-D | |
2 | 2 | By: Curry H.B. No. 2984 | |
3 | 3 | ||
4 | 4 | ||
5 | 5 | ||
6 | 6 | ||
7 | 7 | A BILL TO BE ENTITLED | |
8 | 8 | AN ACT | |
9 | 9 | relating to a rebuttable presumption that a person is intoxicated | |
10 | 10 | based on an alcohol concentration level analysis. | |
11 | 11 | BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS: | |
12 | 12 | SECTION 1. Chapter 49, Penal Code, is amended by adding | |
13 | 13 | Section 49.015 to read as follows: | |
14 | 14 | Sec. 49.015. REBUTTABLE PRESUMPTION OF INTOXICATION. In a | |
15 | 15 | prosecution for an offense under this chapter, there is a | |
16 | 16 | rebuttable presumption that a person was intoxicated at the time of | |
17 | 17 | the offense if it is shown on the trial of the offense that an | |
18 | 18 | analysis of a specimen of the person's blood, breath, or urine | |
19 | 19 | showed an alcohol concentration level of 0.08 or more at the time | |
20 | 20 | the analysis was performed. | |
21 | 21 | SECTION 2. Section 49.015, Penal Code, as added by this Act, | |
22 | 22 | applies only to an offense committed on or after the effective date | |
23 | 23 | of this Act. An offense committed before the effective date of this | |
24 | 24 | Act is governed by the law in effect on the date the offense was | |
25 | 25 | committed, and the former law is continued in effect for that | |
26 | 26 | purpose. For purposes of this section, an offense was committed | |
27 | 27 | before the effective date of this Act if any element of the offense | |
28 | 28 | occurred before that date. | |
29 | 29 | SECTION 3. This Act takes effect September 1, 2025. |