| 1 | 1 | | 87R9149 JSC-F |
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| 2 | 2 | | By: Shine H.B. No. 2654 |
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| 3 | 3 | | |
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| 4 | 4 | | |
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| 5 | 5 | | A BILL TO BE ENTITLED |
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| 6 | 6 | | AN ACT |
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| 7 | 7 | | relating to the determination of whether a person is intoxicated |
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| 8 | 8 | | for purposes of the Texas Workers' Compensation Act. |
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| 9 | 9 | | BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS: |
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| 10 | 10 | | SECTION 1. Section 401.013, Labor Code, is amended by |
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| 11 | 11 | | amending Subsections (a) and (c) and adding Subsection (d) to read |
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| 12 | 12 | | as follows: |
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| 13 | 13 | | (a) In this subtitle, "intoxication" means the state of: |
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| 14 | 14 | | (1) having an alcohol concentration to qualify as |
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| 15 | 15 | | intoxicated under Section 49.01(2), Penal Code; or |
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| 16 | 16 | | (2) not having the normal use of mental or physical |
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| 17 | 17 | | faculties by reason of [resulting from] the [voluntary] |
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| 18 | 18 | | introduction into the body of: |
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| 19 | 19 | | (A) an alcoholic beverage, as defined by Section |
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| 20 | 20 | | 1.04, Alcoholic Beverage Code; |
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| 21 | 21 | | (B) a controlled substance or controlled |
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| 22 | 22 | | substance analogue, as defined by Section 481.002, Health and |
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| 23 | 23 | | Safety Code; |
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| 24 | 24 | | (C) a dangerous drug, as defined by Section |
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| 25 | 25 | | 483.001, Health and Safety Code; |
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| 26 | 26 | | (D) an abusable volatile chemical [glue or |
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| 27 | 27 | | aerosol paint], as defined by Section 485.001, Health and Safety |
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| 28 | 28 | | Code; or |
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| 29 | 29 | | (E) any similar substance, the use of which is |
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| 30 | 30 | | regulated under state law. |
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| 31 | 31 | | (c) An analysis of a specimen of blood, urine, or any bodily |
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| 32 | 32 | | fluid collected during an autopsy that shows the presence [On the |
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| 33 | 33 | | voluntary introduction into the body] of any substance listed under |
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| 34 | 34 | | Subsection (a)(2) creates [(a)(2)(B), based on a blood test or |
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| 35 | 35 | | urinalysis, it is] a rebuttable presumption that a person was [is] |
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| 36 | 36 | | intoxicated and did [does] not have the normal use of mental or |
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| 37 | 37 | | physical faculties. |
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| 38 | 38 | | (d) The presumption under Subsection (c) may be rebutted |
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| 39 | 39 | | only by credible and objective evidence that the person was not |
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| 40 | 40 | | intoxicated. |
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| 41 | 41 | | SECTION 2. The change in law made by this Act applies only |
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| 42 | 42 | | to a claim for workers' compensation benefits based on a |
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| 43 | 43 | | compensable injury that occurs on or after the effective date of |
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| 44 | 44 | | this Act. A claim based on a compensable injury that occurs before |
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| 45 | 45 | | that date is governed by the law as it existed on the date the |
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| 46 | 46 | | compensable injury occurred, and the former law is continued in |
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| 47 | 47 | | effect for that purpose. |
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| 48 | 48 | | SECTION 3. This Act takes effect September 1, 2021. |
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