Texas House Bill HB2654

Texas 2021 - 87th Regular

Caption

Relating to the determination of whether a person is intoxicated for purposes of the Texas Workers' Compensation Act.

Impact

The impact of this legislation on state laws is significant, as it modifies the existing framework for handling workers' compensation claims related to intoxication. This change could lead to more claims being adjudicated under a presumption of intoxication, potentially affecting claim outcomes for injured workers. A notable aspect of this bill is that it applies only to claims arising from compensable injuries that occur after the effective date of the act, which is set for September 1, 2021. Consequently, claims for injuries occurring prior to this date will still adhere to the previous legal definitions and standards.

Summary

House Bill 2654 proposes amendments to the Texas Labor Code, specifically targeting the definition and determination of intoxication within the context of workers' compensation claims. The bill revises the legal standard for what constitutes intoxication, clarifying that intoxication may now be established through the analysis of blood, urine, or other bodily fluids collected during an autopsy. These amendments specifically detail that the mere presence of intoxicating substances creates a rebuttable presumption of intoxication, implying the burden of proof shifts to the individual to demonstrate otherwise.

Contention

There may be points of contention regarding the fairness of shifting the burden of proof onto workers attempting to dispute their intoxication status following an accident. Supporters of the bill could argue that it strengthens workplace safety and accountability, while critics may contend that it disproportionately penalizes injured workers who may have substance dependencies. The potential for more claims to be dismissed due to this presumption has raised concerns among labor groups that are wary of the implications for workers' rights and access to compensation in cases of legitimate dependency or accidents unrelated to intoxication.