The bill, H.B. No. 2984, proposes an amendment to the Penal Code of Texas by adding Section 49.015, which establishes a rebuttable presumption of intoxication in cases involving alcohol-related offenses. Specifically, it states that if a person's blood, breath, or urine analysis shows an alcohol concentration level of 0.08 or higher at the time the analysis is performed, there is a presumption that the individual was intoxicated at the time of the offense. This legal presumption can be challenged or rebutted by the defendant during the trial.

The new provision will only apply to offenses committed on or after the effective date of the Act, which is set for September 1, 2025. Offenses occurring before this date will continue to be governed by the existing laws in effect at that time. This ensures that the new presumption does not retroactively affect past cases.

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