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A BILL TO BE ENTITLED
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AN ACT
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relating to a defense to prosecution for certain intoxication |
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offenses. |
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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. DEFENSE TO OFFENSE INVOLVING INTOXICATION. In |
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the prosecution of an offense under this chapter where it is alleged |
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that an analysis of a specimen of a person's blood, breath, or urine |
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showed an alcohol concentration of 0.08 or more, it is a defense to |
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prosecution that, after the time of the conduct charged, but before |
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the time the analysis was performed, the person introduced alcohol |
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into the person's body, which raised the alcohol concentration to |
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the concentration detected by the analysis. |
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SECTION 2. The change in law made by this Act applies only |
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to an offense committed on or after the effective date of this Act. |
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An offense committed before the effective date of this Act is |
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governed by the law in effect on the date the offense was committed, |
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and the former law is continued in effect for that purpose. For |
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purposes of this section, an offense was committed before the |
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effective date of this Act if any element of the offense occurred |
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before that date. |
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SECTION 3. This Act takes effect September 1, 2025. |