1. (a) Applicability. Employees who are authorized to drive for the department are subject to §4.32 of this title (relating to All Department Employees), as well as the requirements of this section.

2. (b) Final applicant.

   1. (1) When driving is an essential or marginal function of the job, the department will only offer a position to a final applicant who has been convicted of one DUI/DWI within the last three years, from the date of application, if he or she agrees to:

      1. (A) successfully complete treatment; and
      2. (B) comply with the procedures described in subsection (f) of this section.
   2. (2) The department will not hire a final applicant for a position when driving is an essential or marginal function of the job if he or she has been convicted of two DUI/DWIs within the last three years from the date of application.
   3. (3) The department will not hire a final applicant for a seasonal position requiring driving as an essential function if he or she has been convicted of a DUI/DWI within the last three years from the date of application.
3. (c) Driver list. District engineers, division directors, office directors, and applicable members of the administration will maintain a current list of all employees who are authorized to drive for the department. Each district engineer, division director, office director, applicable member of the administration, or designee will be responsible for checking each listed employee's driving record not less than once a year, and employees who drive for the department who are subject to this policy will be required to sign the DUI/DWI Policy and Driving Requirements Policy Statement of Notification.

4. (d) Driver's license suspension. If an employee has his or her license suspended due to Administrative License Revocation for an arrest or conviction of a DUI/DWI or due to any other alcohol or drug related arrest or conviction, the employee is required to report the suspension within one work day upon return to work to his or her supervisor.

   1. (1) If an employee does not report the license suspension and it is subsequently discovered by the department that the employee has driven for the department with a suspended license, the employee will be terminated.
   2. (2) If an employee does not report the license suspension and has not driven for the department with a suspended license, the employee will be taken off driving duties until the employee shows proof of a valid driver's license. The employee will also be counseled and suspended for five working days without pay. (For FLSA exempt employees, such suspensions must be within the same work week.)
5. (e) Occupational driver's license. 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 his or her usual driving duties for the department. Otherwise, employees without a valid driver's license will be removed from all driving duties and the supervisor will assign non-driving duties, if available.

6. (f) Conviction of a DUI/DWI. If an employee is convicted of a DUI/DWI, the following procedures shall be followed.

   1. (1) The employee shall notify his or her supervisor of a conviction within one work day upon return to work after receiving the conviction. If an employee does not report the conviction, and it is subsequently discovered by the department, the employee will be suspended for five working days without pay. (For FLSA exempt employees, such suspensions must be within the same work week.)

   2. (2) The employee will be immediately provided with a letter which summarizes the following actions to be taken.

      1. (A) The supervisor will immediately remove the employee from any duties listed in §4.32(b)(2)(C) of this title and assign other duties, if available, until he or she is able to provide a completed fitness-for-duty form as provided in §4.32(d)(3) of this title.
      2. (B) The department will mandatorily refer the employee to the EAP and require successful completion of treatment, as described in §4.32(d) of this title. The department will terminate employees who do not report to the EAP or fail to successfully complete treatment.
      3. (C) The employee must have a valid driver's license or an occupational driver's license that allows performance of usual driving duties before being reinstated to driving for the department.
   3. (3) An employee who receives a letter informing him or her of these actions must acknowledge receipt by signing the letter and returning it to the supervisor.
   4. (4) An employee who is convicted of two DUIs/DWIs within a five year period beginning on or after November 1, 1995, during his or her employment with the department, will be terminated from the department. If the conviction is appealed and overturned, the employee will be reinstated.

Source Note:The provisions of this §4.33 adopted to be effective October 27, 1995, 20 TexReg 8461; amended to be effective December 13, 1998, 23 TexReg 12452.