Tex. Lab. Code Ann. § 406.032; Tex Lab. Code Ann. § 401.013 (WC)

Tex. Lab. Code Ann. § 406.032; Tex Lab. Code Ann. § 401.013 – Workers Compensation

Sec. 406.032.  EXCEPTIONS.  An insurance carrier is not liable for compensation if:

(1)  the injury:

(A)  occurred while the employee was in a state of intoxication;

(B)  was caused by the employee's wilful attempt to injure himself or to unlawfully injure another person;

(C)  arose out of an act of a third person intended to injure the employee because of a personal reason and not directed at the employee as an employee or because of the employment;

(D)  arose out of voluntary participation in an off-duty recreational, social, or athletic activity that did not constitute part of the employee's work-related duties, unless the activity is a reasonable expectancy of or is expressly or impliedly required by the employment;  or

(E)  arose out of an act of God, unless the employment exposes the employee to a greater risk of injury from an act of God than ordinarily applies to the general public;  or

(2)  the employee's horseplay was a producing cause of the injury.

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.