HB 4940
bill adds a defense for intoxication offenses
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 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
- Filed
- Read first time
- Referred to Criminal Jurisprudence
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 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.