BILL ANALYSIS
By: Driver
Committee Report (Substituted)
BACKGROUND AND PURPOSE
Under federal regulation, companies operating commercial vehicles must follow a prescribed drug and alcohol-testing program with their commercial drivers. Under this program, companies must provide pre-employment testing, random testing, probable cause testing, and post accident testing.
Current state law requires motor carriers to provide only positive drug test information to the Department of Public Safety (DPS). H.B. 807 expands the required reporting of verified positive controlled substances to include the reporting of positive alcohol tests because a much greater percentage of commercial vehicle accidents involve alcohol than involve controlled substances.
Additionally, current state law only applies to commercial driver license (CDL) holders working for companies required to register with the Texas Department of Transportation; thus excluding many CDL holders operating commercial vehicles, such as school and transit bus drivers. H.B. 807 expands the law to include all Texas CDL holders regardless of their employer.
RULEMAKING AUTHORITY
It is the committee's opinion that this bill does not expressly grant any additional rulemaking authority to a state officer, department, agency, or institution.
ANALYSIS
The bill amends §644 of the Transportation Code by adding Subchapter F that requires employers who are compelled to conduct alcohol and drug tests of an employee who holds a commercial driver's license under §522 of the Transportation Code to report a positive result or the refusal to provide a specimen to the Department of Public Safety. Subchapter F defines a positive for alcohol as a concentration of .04 or greater and a positive for drugs at or above the cutoff concentration levels stated in 49 C.F.R. Section 40.87. Subchapter F also requires the reporting of an adulterated specimen, a diluted specimen, or substituted specimen to the Department of Public Safety.
Additionally, Subchapter F directs the Department of Public Safety to maintain the testing information provided. The information is confidential under this section and only allows the Department of Public Safety to release the information to authorized individuals upon specific written consent of the license holder, as provided by §521.053 of the Transportation Code.
This bill repeals §643.064 of the Transportation Code.
EFFECTIVE DATE
September 1, 2005
COMPARISON OF ORIGINAL TO SUBSTITUTE
The substitute adds numbers 1, 2, and 3 to §644.252 of the Transportation Code to require that refusal to provide a specimen, or an adulterated specimen, diluted specimen, or substituted specimen be reported to the Department of Public Safety in addition to the reporting of positive results of drug and alcohol.