HB5412 - Relating to the determination of whether a person is intoxicated for purposes of the Texas Workers' Compensation Act.

  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.