Bill Text: TX HB2654 | 2021-2022 | 87th Legislature | Introduced
Bill Title: Relating to the determination of whether a person is intoxicated for purposes of the Texas Workers' Compensation Act.
Spectrum: Partisan Bill (Republican 1-0)
Status: (Introduced - Dead) 2021-03-17 - Referred to Business & Industry [HB2654 Detail]
Download: Texas-2021-HB2654-Introduced.html
87R9149 JSC-F | ||
By: Shine | H.B. No. 2654 |
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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 [ |
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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 [ |
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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 [ |
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Subsection (a)(2) creates [ |
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intoxicated and did [ |
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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, 2021. |