Texas Labor Code 401.013 – Definition of Intoxication
(a) In this subtitle, “intoxication” means the state of:
(1) having an alcohol concentration to qualify as intoxicated under § 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 § 1.04, Alcoholic Beverage Code;
(B) a controlled substance or controlled substance analogue, as defined by § 481.002, Health and Safety Code;
(C) a dangerous drug, as defined by § 483.001, Health and Safety Code;
(D) an abusable glue or aerosol paint, as defined by § 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.
Terms Used In Texas Labor Code 401.013
- Person: includes corporation, organization, government or governmental subdivision or agency, business trust, estate, trust, partnership, association, and any other legal entity. See Texas Government Code 311.005
- Written: includes any representation of words, letters, symbols, or figures. See Texas Government Code 311.005
(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.