BILL ANALYSIS

Senate Research Center                                                                                                        S.B. 217

79R2375 MTB-F                                                                                                             By: Shapiro

                                                                                                                     Trans. & Homeland Sec.

2/23/2005

As Filed

AUTHOR'S/SPONSOR'S STATEMENT OF INTENT

The purpose of this bill is to address problems that have arisen since the implementation of S.B. 1904, 78th Regular Session.  Currently, trucking companies perform drug tests on all drivers.  S.B. 1904 required that a report be given to the Department of Public Safety (DPS) to keep on their records when a driver tests positive for drugs.  As proposed, S.B. 217 allows DPS to keep a record when other commercial drivers license (CDL) holders, such as school and city bus drivers, test positive for drugs.  S.B. 217 also allows a record to be kept on all CDL holders who fail an alcohol test.  S.B. 217 moves the provisions from Section 643.064, Transportation Code, which is reserved for the Texas Department of Transportation, to Section 644.105, which pertains to DPS in order to clean up the code since DPS, is the entity that administers the program.   

RULEMAKING AUTHORITY

This bill does not expressly grant any additional rulemaking authority to a state officer, institution, or agency.

SECTION BY SECTION ANALYSIS

SECTION 1.  Amends Section 521.053(d), Transportation Code, to authorize the Department of Public Safety (DPS) to provide information maintained under Section 644.252, rather than Section 643.064, that relates to a holder of a commercial driver's license under Chapter 522 (Commercial Driver's Licenses) to certain persons, if DPS receives the holder's specific written consent to the release of information. 

SECTION 2.  Amends Chapter 644, Transportation Code, by adding Subchapter F, as follows

SUBCHAPTER F. REPORT OF POSITIVE RESULT

            Sec. 644.251.  DEFINITIONS.  Defines "employee" and "valid positive result."

            Sec. 644.252.  REPORT OF POSITIVE RESULT.  Requires an employer required to conduct alcohol and drug testing of an employee under federal safety regulations to report to DPS a valid positive result on an alcohol or drug tested performed as part of the employer's drug testing program or consortium, as defined by 49 C.F.R. Part 382, on an employee who holds a commercial driver's license under Chapter 522.  Requires DPS to maintain the information.  Provides that information maintained is confidential and only subject to release as provided by Section 521.053 (Commercial Driver License Information).

SECTION 3.  Repealer: Section 643.064 (Report of Positive Result), Transportation Code.

SECTION 4.  Effective date: September 1, 2005.