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A BILL TO BE ENTITLED
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AN ACT
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relating to a rebuttable presumption that a person is intoxicated |
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based on an alcohol concentration level analysis. |
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BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS: |
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SECTION 1. Chapter 49, Penal Code, is amended by adding |
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Section 49.015 to read as follows: |
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Sec. 49.015. REBUTTABLE PRESUMPTION OF INTOXICATION. In a |
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prosecution for an offense under this chapter, there is a |
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rebuttable presumption that a person was intoxicated at the time of |
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the offense if it is shown on the trial of the offense that an |
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analysis of a specimen of the person's blood, breath, or urine |
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showed an alcohol concentration level of 0.08 or more at the time |
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the analysis was performed. |
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SECTION 2. Section 49.015, Penal Code, as added by this Act, |
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applies only to an offense committed on or after the effective date |
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of this Act. An offense committed before the effective date of this |
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Act is governed by the law in effect on the date the offense was |
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committed, and the former law is continued in effect for that |
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purpose. For purposes of this section, an offense was committed |
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before the effective date of this Act if any element of the offense |
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occurred before that date. |
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SECTION 3. This Act takes effect September 1, 2025. |