Texas Labor Code - Section 401.013. Definition Of Intoxication
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§ 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) On the voluntary introduction into the body of any
substance listed under Subsection (a)(2)(B), based on a blood test
or urinalysis, it is a rebuttable presumption that a person is
intoxicated and does not have the normal use of mental or physical
faculties.
Acts 1993, 73rd Leg., ch. 269, § 1, eff. Sept. 1, 1993. Amended
by Acts 1995, 74th Leg., ch. 76, § 14.48, eff. Sept. 1, 1995;
Acts 1999, 76th Leg., ch. 1426, § 1, eff. Sept. 1, 1999; Acts
2005, 79th Leg., ch. 265, § 3.004, eff. Sept. 1, 2005.
Section: 311.003 311.004 311.005 401.001 401.003 401.011 401.012 401.013 401.021 401.022 401.023 401.024 401.025 402.001 402.00111
Last modified: August 10, 2007
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