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Amend CSSB 5, by adding a new paragraph (c) to Chapter 401.013
of the Labor Code to read as follows:
Sec. 401.013. DEFINITION OF INTOXICATION. (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 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 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.
(b) The term "intoxication" does not include the loss of
normal use of mental or physical faculties resulting from the
introduction into the body of a substance:
(1) taken under and in accordance with a prescription
written for the employee by the employee's doctor; or
(2) listed under Subsection (a) by inhalation or
absorption incidental to the employee's work.
(c) It is a rebuttable presumption that a person is
intoxicated, and not having the normal use of mental or physical
facilities, upon the voluntary introduction into the body of any
substance listed under Subsection (a)(2)(B).