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HB 2984

AN ACT relating to a rebuttable presumption that a person is intoxicated

House Bill
Filed

Filed

Bill introduced by legislator

Committee

Hearing

Passed Cmte

Calendar

Passed

Sent

Enrolled

Governor

Signed

89th Regular Session

Jan 14, 2025 - Jun 2, 2025 • Session ended

Awaiting Committee Assignment

Bill filed, pending referral to House committee

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Committee

Not yet assigned

Fiscal Note

Not available

What This Bill Does

Establishes a legal rebuttable presumption of intoxication for individuals with a blood, breath, or urine alcohol concentration of 0.08 or higher during an alleged offense. This means that if a person's alcohol level meets or exceeds this threshold, they can be legally presumed intoxicated, though they have the opportunity to present evidence challenging this presumption. The law will apply to offenses committed on or after September 1, 2025, potentially impacting how driving under the influence and other alcohol-related criminal cases are prosecuted in Texas.

Subject Areas

Bill Text

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
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
SECTION 3.  This Act takes effect September 1, 2025.

Bill History

filed

Bill filed: AN ACT relating to a rebuttable presumption that a person is intoxicated