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Amend CSSB 5, by adding a new paragraph (c) to Chapter 401.013 
of the Labor Code to read as follows:
	Sec. 401.013.  DEFINITION OF INTOXICATION.  (a)  In this 
subtitle, "intoxication" means the state of:
		(1)  having an alcohol concentration to qualify as 
intoxicated under Section 49.01(2), Penal Code; or
		(2)  not having the normal use of mental or physical 
faculties resulting from the voluntary introduction into the body 
of:
			(A)  an alcoholic beverage, as defined by Section 
1.04, Alcoholic Beverage Code;
			(B)  a controlled substance or controlled 
substance analogue, as defined by Section 481.002, Health and 
Safety Code;
			(C)  a dangerous drug, as defined by Section 
483.001, Health and Safety Code;
			(D)  an abusable glue or aerosol paint, as defined 
by Section 485.001, Health and Safety Code; or
			(E)  any similar substance, the use of which is 
regulated under state law. 
	(b)  The term "intoxication" does not include the loss of 
normal use of mental or physical faculties resulting from the 
introduction into the body of a substance:
		(1)  taken under and in accordance with a prescription 
written for the employee by the employee's doctor; or
		(2)  listed under Subsection (a) by inhalation or 
absorption incidental to the employee's work.
	(c)  It is a rebuttable presumption that a person is 
intoxicated, and not having the normal use of mental or physical 
facilities, upon the voluntary introduction into the body of any 
substance listed under Subsection (a)(2)(B).