Bill Text: TX HB3537 | 2019-2020 | 86th Legislature | Introduced

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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) 2019-03-18 - Referred to Business & Industry [HB3537 Detail]

Download: Texas-2019-HB3537-Introduced.html

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86R13634 JSC-F
By: Shine H.B. No. 3537

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. Sections 401.013(a) and (c), Labor Code, are
amended 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) A [On the voluntary introduction into the body of any
substance listed under Subsection (a)(2)(B), based on a] blood test
or urinalysis of a specimen taken not later than four hours
following an injury that shows the presence of a substance listed in
Subsection (a)(2) creates [, it is] a rebuttable presumption that a
person is intoxicated and does not have the normal use of mental or
physical faculties.
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, 2019.