HB 2984
AN ACT relating to a rebuttable presumption that a person is intoxicated
89th Regular Session
Jan 14, 2025 - Jun 2, 2025 • Session ended
Awaiting Committee Assignment
Bill filed, pending referral to House committee
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
Bill filed: AN ACT relating to a rebuttable presumption that a person is intoxicated
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