TITLE: Relating to a rebuttable presumption that a person is intoxicated based on an alcohol concentration level analysis.

SUMMARY: Relating to a rebuttable presumption that a person is intoxicated based on an alcohol concentration level analysis.

FULL TEXT:
AN ACT 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 the analysis was performed. 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 occurred before that date. SECTION 3. This Act takes effect September 1, 2025.