89R10199 RDR-D     By: Curry H.B. No. 4940       A BILL TO BE ENTITLED   AN ACT   relating to a defense to prosecution for certain intoxication   offenses.          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   before that date.          SECTION 3.  This Act takes effect September 1, 2025.