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79R6373 MTB-F


By:  Driver                                                       H.B. No. 807

Substitute the following for H.B. No. 807:                                    

By:  Veasey                                                   C.S.H.B. No. 807



A BILL TO BE ENTITLED

AN ACT

relating to reporting the outcome of alcohol and drug tests of 
holders of commercial driver's licenses.
	BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:                        
	SECTION 1.  Section 521.053(d), Transportation Code, is 
amended to read as follows:
	(d)  The department may provide information maintained under 
Section 644.252 [643.064] that relates to a holder of a commercial 
driver's license under Chapter 522 to the holder, the holder's 
current employer, or a person acting on behalf of the employer if 
the department receives the holder's specific written consent to 
the release of information.
	SECTION 2.  Chapter 644, Transportation Code, is amended by 
adding Subchapter F to read as follows:

SUBCHAPTER F. REPORT OF POSITIVE RESULT
	Sec. 644.251.  DEFINITIONS.  In this subchapter:                        
		(1)  "Employee" has the meaning assigned by 49 C.F.R. 
Section 40.3.  
		(2)  "Valid positive result" means:                                    
			(A)  an alcohol concentration of .04 or greater on 
an alcohol confirmation test; or
			(B)  a result at or above the cutoff concentration 
levels listed in 49 C.F.R. Section 40.87 on a confirmation drug 
test.
	Sec. 644.252.  REPORT OF REFUSAL AND CERTAIN RESULTS.  (a)  
An employer required to conduct alcohol and drug testing of an 
employee who holds a commercial driver's license under Chapter 522 
under federal safety regulations as part of the employer's drug 
testing program or consortium, as defined by 49 C.F.R. Part 382, 
shall report to the department:
		(1)  a valid positive result on an alcohol or drug test 
performed;   
		(2)  a refusal to provide a specimen for an alcohol or 
drug test; or 
		(3)  an adulterated specimen, dilute specimen, or 
substituted specimen, as those terms are defined by 49 C.F.R. 
Section 40.3, on an alcohol or drug test performed.
	(b)  The department shall maintain the information provided 
under this section.
	(c)  Information maintained under this section is 
confidential and only subject to release as provided by Section 
521.053.
	SECTION 3.  Section 643.064, Transportation Code, is 
repealed.               
	SECTION 4.  This Act takes effect September 1, 2005.