Monitoring the Session

HB 4940

bill adds a defense for intoxication offenses

Died in committee

Verdict: No flags

No flagsInitial review
Rep. Pat CurryRHouse 56

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 defense to prosecution for certain intoxication offenses.

Caption from analyzed text · version I.

Summary

For cases resting on a 0.08 test.

The bill adds a new defense for Texas intoxication offenses, such as drunk driving, when the case rests on a blood, breath, or urine test showing 0.08 or more. It touches people prosecuted under the intoxication chapter of the Penal Code, along with prosecutors and courts handling those cases. A person can now argue that they drank alcohol after the conduct charged and before the test, and that this later drinking raised the test result to the level detected, starting with conduct on or after September 1, 2025.

Labels

Labels: NEVER GOT A HEARING. Filed Mar 13, 2025 and referred to the House Criminal Jurisprudence committee. No public hearing. The bill died.

Receipt

The receipt

89R-HB4940 · 2025-03-13

SOLD BY

ITEM

relating to a defense to prosecution for certain intoxication offenses.

WHAT IT DOES

For cases resting on a 0.08 test.

The bill adds a new defense for Texas intoxication offenses, such as drunk driving, when the case rests on a blood, breath, or urine test showing 0.08 or more. It touches people prosecuted under the intoxication chapter of the Penal Code, along with prosecutors and courts handling those cases. A person can now argue that they drank alcohol after the conduct charged and before the test, and that this later drinking raised the test result to the level detected, starting with conduct on or after September 1, 2025.

CHARGES

[ ] NONE FOUND

TOTAL

No fiscal note in the loaded record.

HISTORY

  1. Filed
  2. Read first time
  3. Referred to Criminal Jurisprudence
FILED UNDER

No verified beat found.

No flags

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
advertising $108,442.00polling $18,750.00

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.

Team
Sources

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.

David Jessup$68,091.82
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.

Team
Sources

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.

Money

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
advertising $108,442.00polling $18,750.00

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.

Team
Sources

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.

Team
Sources

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 fiscal note in the loaded record.

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 Mar 13, 2025

04/03/2025 H Referred to Criminal Jurisprudence: Apr 3 2025 12:38PM

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 · 229 words

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.