HB 2984
bill presuming intoxication from a 0.08 test result
Died in committee
Verdict: No flags
Initial review · graded Oct 20, 2026 · Headline, summary and grade are analysis of the bill text, not a finding about any person · How we grade
Caption
relating to a rebuttable presumption that a person is intoxicated based on an alcohol concentration level analysis.
Caption from analyzed text · version I.
Summary
Test shows 0.08 or more, court presumes intoxicated at the time.
The bill adds a rule to the intoxication chapter of the Penal Code that if a blood, breath, or urine test showed an alcohol level of 0.08 or more when the test was taken, the court presumes the person was intoxicated at the time of the offense. It touches anyone prosecuted under that chapter, such as drunk driving cases, along with prosecutors and defense lawyers. On the ground, prosecutors no longer have to prove the alcohol level at the time of driving from a later test, and the defendant has to rebut the presumption instead.
Labels
Labels: PENDING FOREVER. Heard by the House Criminal Jurisprudence committee on Apr 8, 2025 and left pending. Never voted out. The bill died.
Receipt
The receipt
89R-HB2984 · 2025-02-18
SOLD BY
ITEM
relating to a rebuttable presumption that a person is intoxicated based on an alcohol concentration level analysis.
WHAT IT DOES
Test shows 0.08 or more, court presumes intoxicated at the time.
The bill adds a rule to the intoxication chapter of the Penal Code that if a blood, breath, or urine test showed an alcohol level of 0.08 or more when the test was taken, the court presumes the person was intoxicated at the time of the offense. It touches anyone prosecuted under that chapter, such as drunk driving cases, along with prosecutors and defense lawyers. On the ground, prosecutors no longer have to prove the alcohol level at the time of driving from a later test, and the defendant has to rebut the presumption instead.
CHARGES
[ ] NONE FOUND
TOTAL
No significant fiscal implication to the State is anticipated.
LBB estimate · fiscal note version I · source
Sources
Fiscal note · version I · April 7, 2025
No first-year general revenue figure available here.
LBB published estimates · flow over the stated periods.
Source snapshot 2026-10-19, Central time.
HISTORY
- Filed
- Read first time
- Referred to Criminal Jurisprudence
- Scheduled for public hearing on . . .
- Considered in public hearing
- Testimony taken/registration(s) recorded in committee
- Left pending in committee
FILED UNDER
No verified beat found.
THANK YOU FOR CHECKING THE RECEIPT
CAMPAIGN PAID FOR BY
CAMPAIGN PAID FOR BY
Donors
Not tied to this bill.
Sources
The author's campaign account only. Own money and internal transfers are separate on the member page.
Derived itemized flow · Oct 31, 2024 to Oct 23, 2026. State data as of Nov 4, 2026.
Derived itemized contributions on live regular reports and uncovered special-session dates. Internal account transfers and daily reports are excluded.
Texans for Lawsuit Reform PAC$192,192.00
Texans for Lawsuit Reform PAC
$192,192.00
- Cash
- $65,000.00
- Paid by others
- $127,192.00
- Total
- $192,192.00
Also funds 124 other sitting lawmakers.
Derived recipient stock · Jul 10, 2024 to Oct 23, 2026. State data as of Nov 4, 2026.
TEC account match.
TeamSources
Derived itemized flow · Jun 24, 2025 to Sep 17, 2026. State data as of Nov 4, 2026.
Derived itemized contributions on live regular reports and uncovered special-session dates. Internal account transfers and daily reports are excluded.
Report IDs: 101010834, 101033425, 101040992, 101069649.
Texas Sands PAC$37,000.00
Texas Sands PAC
$37,000.00
- Cash
- $37,000.00
- Paid by others
- $0.00
- Total
- $37,000.00
Also funds 121 other sitting lawmakers.
Derived recipient stock · Jul 3, 2024 to Oct 24, 2026. State data as of Nov 4, 2026.
TEC account match.
TeamSources
Derived itemized flow · Dec 9, 2024 to Oct 12, 2026. State data as of Nov 4, 2026.
Derived itemized contributions on live regular reports and uncovered special-session dates. Internal account transfers and daily reports are excluded.
Report IDs: 101012342, 101040992, 101072660.
Missing data does not establish zero giving. Display amounts are rounded.
Texans for Lawsuit Reform PAC
$192,192.00
- Cash
- $65,000.00
- Paid by others
- $127,192.00
- Total
- $192,192.00
Also funds 124 other sitting lawmakers.
Derived recipient stock · Jul 10, 2024 to Oct 23, 2026. State data as of Nov 4, 2026.
TEC account match.
TeamSources
Derived itemized flow · Jun 24, 2025 to Sep 17, 2026. State data as of Nov 4, 2026.
Derived itemized contributions on live regular reports and uncovered special-session dates. Internal account transfers and daily reports are excluded.
Report IDs: 101010834, 101033425, 101040992, 101069649.
Texas Sands PAC
$37,000.00
- Cash
- $37,000.00
- Paid by others
- $0.00
- Total
- $37,000.00
Also funds 121 other sitting lawmakers.
Derived recipient stock · Jul 3, 2024 to Oct 24, 2026. State data as of Nov 4, 2026.
TEC account match.
TeamSources
Derived itemized flow · Dec 9, 2024 to Oct 12, 2026. State data as of Nov 4, 2026.
Derived itemized contributions on live regular reports and uncovered special-session dates. Internal account transfers and daily reports are excluded.
Report IDs: 101012342, 101040992, 101072660.
Votes
No floor vote loaded for this bill.
Fiscal
No significant fiscal implication to the State is anticipated.
LBB estimate · fiscal note version I · source
Sources
Fiscal note · version I · April 7, 2025
No first-year general revenue figure available here.
LBB published estimates · flow over the stated periods.
Source snapshot 2026-10-19, Central time.
How this was graded
Analysis of text version I by claude-opus-5-5, Oct 20, 2026, against the published rubric.
Sources
Texas House · Filed Feb 18, 2025
04/08/2025 H Left pending in committee
Texas Legislature Online · Introduced
Data snapshot Oct 26, 2026 at 4:20 AM CDT. Grades, charges, quotes and corrections follow the published record.
House committee · Criminal Jurisprudence · Final status: Died in committee
Subjects
Vehicles & Traffic--DWI & DUID
Text
The text as introduced · 224 words
89R9560 RDR-D By: Curry H.B. No. 2984 A BILL TO BE ENTITLED 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.
