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A BILL TO BE ENTITLED
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AN ACT
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relating to the determination of whether a person is intoxicated |
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for purposes of the Texas Workers' Compensation Act. |
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BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS: |
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SECTION 1. Section 401.013, Labor Code, is amended by |
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amending Subsections (a) and (c) and adding Subsection (d) to read |
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as follows: |
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(a) In this subtitle, "intoxication" means the state of: |
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(1) having an alcohol concentration to qualify as |
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intoxicated under Section 49.01(2), Penal Code; or |
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(2) not having the normal use of mental or physical |
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faculties by reason of [resulting from] the [voluntary] |
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introduction into the body of: |
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(A) an alcoholic beverage, as defined by Section |
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1.04, Alcoholic Beverage Code; |
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(B) a controlled substance or controlled |
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substance analogue, as defined by Section 481.002, Health and |
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Safety Code; |
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(C) a dangerous drug, as defined by Section |
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483.001, Health and Safety Code; |
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(D) an abusable volatile chemical [glue or |
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aerosol paint], as defined by Section 485.001, Health and Safety |
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Code; or |
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(E) any similar substance, the use of which is |
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regulated under state law. |
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(c) An analysis of a specimen of blood, urine, or any bodily |
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fluid collected during an autopsy that shows the presence [On the |
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voluntary introduction into the body] of any substance listed under |
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Subsection (a)(2) creates [(a)(2)(B), based on a blood test or |
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urinalysis, it is] a rebuttable presumption that a person was [is] |
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intoxicated and did [does] not have the normal use of mental or |
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physical faculties. |
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(d) The presumption under Subsection (c) may be rebutted |
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only by credible and objective evidence that the person was not |
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intoxicated. |
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SECTION 2. The change in law made by this Act applies only |
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to a claim for workers' compensation benefits based on a |
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compensable injury that occurs on or after the effective date of |
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this Act. A claim based on a compensable injury that occurs before |
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that date is governed by the law as it existed on the date the |
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compensable injury occurred, and the former law is continued in |
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effect for that purpose. |
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SECTION 3. This Act takes effect September 1, 2023. |