89R12962 KKR-F
By: Lambert H.B. No. 5412
A BILL TO BE ENTITLED
AN ACT
relating to the determination of whether a person is intoxicated
for purposes of the Texas Workers' Compensation Act.
BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
SECTION 1. Section 401.013, Labor Code, is amended by
amending Subsections (a) and (c) and adding Subsection (d) to read
as follows:
(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 by reason of [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 volatile chemical [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.
(c) An analysis of a specimen of blood, urine, or any bodily
fluid collected during an autopsy that shows the presence [On the
voluntary introduction into the body] of any substance listed under
Subsection (a)(2) creates [(a)(2)(B), based on a blood test or
urinalysis, it is] a rebuttable presumption that a person was [is]
intoxicated and did [does] not have the normal use of mental or
physical faculties.
(d) The presumption under Subsection (c) may be rebutted
only by credible and objective evidence that the person was not
intoxicated.
SECTION 2. The change in law made by this Act applies only
to a claim for workers' compensation benefits based on a
compensable injury that occurs on or after the effective date of
this Act. A claim based on a compensable injury that occurs before
that date is governed by the law as it existed on the date the
compensable injury occurred, and the former law is continued in
effect for that purpose.
SECTION 3. This Act takes effect September 1, 2025.