Lambert Bill Makes Any Positive Test A Presumption Of Intoxication

The text as introduced · 371 words

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.