Section 4.43 - Employees Who Drive for the Department(a) Scope. An employee who drives for the department is subject both to the requirements of this section and to the general requirements that apply to all employees.(b) Records. Each employee's driving record will be checked at least once each year. Each employee who drives for the department shall sign a form acknowledging awareness of the department's driving policies.(c) Driver's licenses. An employee must have a valid driver's license to drive for the department. An occupational driver's license will be accepted if it allows the employee to perform driving duties for the department, other than operating a commercial motor vehicle. Employees without a valid driver's license will be removed from all driving duties, and the supervisor will assign non-driving duties, if available.(d) Loss of legal authority to drive. (1) An employee shall notify the employee's supervisor if the employee loses the legal authority to drive as a result of any alcohol- or drug-related driving offense or any other offense involving alcohol or drugs, including administrative license revocation due to multiple tickets for moving traffic violations. If the employee fails to make this report within one day after returning to work following the loss of legal authority to drive, the employee will be suspended three days without pay.(2) An employee will be terminated from the department if the employee drives for the department after losing the legal authority to drive as a result of any alcohol- or drug-related driving offense or any other offense involving alcohol or drugs, including administrative license revocation due to multiple tickets for moving traffic violations.(e) Alcohol- and drug-related driving offenses. If an employee has an alcohol- or drug-related driving offense, the following procedures will be followed. (1) An employee shall report an alcohol- or drug-related driving offense to the employee's supervisor. If the employee fails to make this report within one day after returning to work following the occurrence, the employee will be suspended three days without pay.(2) The employee will be mandatorily referred to the EAP and required to complete treatment.(3) The employee will be given a letter summarizing these actions. The employee shall acknowledge receipt by signing the letter and returning it to the supervisor.(4) The employee will be removed from critical duties until the employee provides a completed return-to-work form. The employee will be reassigned to temporary modified duties or will be required to take sick leave, vacation leave, compensatory time, or leave without pay. The employee will only be required to take leave without pay if the employee has exhausted all accrued leave.(5) An employee will be terminated from the department after a second alcohol- or drug-related driving offense within ten years.(f) Final applicants. (1) The department will not hire a final applicant for a position that may involve driving for the department if the final applicant has two alcohol- or drug-related driving offenses within three years before the date of application.(2) The department will not hire a final applicant for a seasonal position that requires driving for the department if the final applicant has an alcohol- or drug-related driving offense within the three years before the date of application. A seasonal employee will be terminated if hired in violation of this paragraph.(3) The department will not hire a final applicant for a position that involves driving for the department if the final applicant has an alcohol- or drug-related driving offense within three years before the date of application unless the final applicant agrees to: (A) complete treatment; and(B) comply with the procedures described in subsection (e) of this section.43 Tex. Admin. Code § 4.43
The provisions of this §4.43 adopted to be effective November 21, 2002, 27 TexReg 10754; amended to be effective January 1, 2009, 33 TexReg 10053; Amended by Texas Register, Volume 40, Number 11, March 13, 2015, TexReg 1523, eff. 3/18/2015