TX HB1908

Adds a formal definition of "intoxicated" to the Penal Code's weapons chapter by referencing the existing definition in Section 49.01 (typically meaning a blood alcohol concentration of 0.08 or higher, or lacking normal use of mental or physical faculties due to alcohol or drugs)

Creates a legal defense for licensed handgun holders who carry their weapon in establishments that sell or serve alcoholic beverages, provided they are not intoxicated at the time

Reduces the offense classification to a Class A misdemeanor for licensed handgun holders who carry in alcohol-serving establishments if they are intoxicated and carrying only their licensed handgun (not other prohibited weapons)

Applies only to offenses committed on or after September 1, 2025; prior offenses remain governed by existing law

Effectively allows sober, licensed handgun holders to legally carry in bars and other establishments deriving 51% or more of income from alcohol sales, which is currently prohibited