| Old | New | Differences | |
|---|---|---|---|
| 1 | 1 | 89R10199 RDR-D | |
| 2 | 2 | By: Curry H.B. No. 4940 | |
| 3 | 3 | ||
| 4 | 4 | ||
| 5 | 5 | ||
| 6 | 6 | ||
| 7 | 7 | A BILL TO BE ENTITLED | |
| 8 | 8 | AN ACT | |
| 9 | 9 | relating to a defense to prosecution for certain intoxication | |
| 10 | 10 | offenses. | |
| 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. DEFENSE TO OFFENSE INVOLVING INTOXICATION. In | |
| 15 | 15 | the prosecution of an offense under this chapter where it is alleged | |
| 16 | 16 | that an analysis of a specimen of a person's blood, breath, or urine | |
| 17 | 17 | showed an alcohol concentration of 0.08 or more, it is a defense to | |
| 18 | 18 | prosecution that, after the time of the conduct charged, but before | |
| 19 | 19 | the time the analysis was performed, the person introduced alcohol | |
| 20 | 20 | into the person's body, which raised the alcohol concentration to | |
| 21 | 21 | the concentration detected by the analysis. | |
| 22 | 22 | SECTION 2. The change in law made by this Act applies only | |
| 23 | 23 | to an offense committed on or after the effective date of this Act. | |
| 24 | 24 | An offense committed before the effective date of this Act is | |
| 25 | 25 | governed by the law in effect on the date the offense was committed, | |
| 26 | 26 | and the former law is continued in effect for that purpose. For | |
| 27 | 27 | purposes of this section, an offense was committed before the | |
| 28 | 28 | effective date of this Act if any element of the offense occurred | |
| 29 | 29 | before that date. | |
| 30 | 30 | SECTION 3. This Act takes effect September 1, 2025. |