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)  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, Sec. 1, eff. Sept. 1, 1993.  Amended by Acts 1995, 74th Leg., ch. 76, Sec. 14.48, eff. Sept. 1, 1995;  Acts 1999, 76th Leg., ch. 1426, Sec. 1, eff. Sept. 1, 1999.
Amended by: 
Acts 2005, 79th Leg., Ch. 265 (H.B. 7), Sec. 3.004, eff. September 1, 2005.