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79R2375 MTB-F
By: Driver H.B. No. 807
A BILL TO BE ENTITLED
AN ACT
relating to reporting positive 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 POSITIVE RESULT. (a) An employer
required to conduct alcohol and drug testing of an employee under
federal safety regulations shall report to the department a valid
positive result on an alcohol or drug test 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.
(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repealed.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.