HB 4940

relating to a defense to prosecution for certain intoxication
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.  DEFENSE TO OFFENSE INVOLVING INTOXICATION.  In
the prosecution of an offense under this chapter where it is alleged
that an analysis of a specimen of a person's blood, breath, or urine
showed an alcohol concentration of 0.08 or more, it is a defense to
prosecution that, after the time of the conduct charged, but before
the time the analysis was performed, the person introduced alcohol
into the person's body, which raised the alcohol concentration to
the concentration detected by the analysis.
SECTION 2.  The change in law made 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
SECTION 3.  This Act takes effect September 1, 2025.