S.B. No. 217
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. Subsection (d), Section 521.053, 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 ON ALCOHOL AND DRUG TESTING
Sec. 644.251. DEFINITIONS. In this subchapter:
(1) "Employee" has the meaning assigned by 49 C.F.R.
(2) "Valid positive result" means:
(A) an alcohol concentration of 0.04 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
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
(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
SECTION 3. Section 643.064, Transportation Code, is
SECTION 4. This Act takes effect September 1, 2005.
President of the Senate Speaker of the House
I hereby certify that S.B. No. 217 passed the Senate on
March 17, 2005, by the following vote: Yeas 31, Nays 0; and that
the Senate concurred in House amendment on April 25, 2005, by the
following vote: Yeas 30, Nays 0.
Secretary of the Senate
I hereby certify that S.B. No. 217 passed the House, with
amendment, on April 19, 2005, by the following vote: Yeas 140,
Nays 0, one present not voting.
Chief Clerk of the House