reglab/statecodes huggingface dataset:
Texas Administrative Code › Title 43 - TRANSPORTATION › Part 1 - TEXAS DEPARTMENT OF TRANSPORTATION › Chapter 4 - EMPLOYMENT PRACTICES › Subchapter B - JOB APPLICATION PROCEDURES › Section 4.12 - Job Postings

Current through Reg. 49, No. 28; July 12, 2024
(a) The department
				  will post all vacant positions in salary groups B17 and above for which the
				  public will be considered on the department's website and send the information
				  in those postings to the Texas Workforce Commission.
(b) The posting will include:
(1) job identification number;
(2) department and state code and
				  title;
(3) salary group and
				  salary;
(4) work
				  location;
(5) travel
				  requirements;
(6) a link to the
				  website of the State Auditor's Office containing the military occupational
				  specialty codes identified and reported under Government Code, §
											654.0375;
(7) general description and job
				  duties;
(8) education, work
				  experience, competencies, and licenses and certifications required of the
				  job;
(9) the position's full-time
				  or part-time and regular or temporary designations;
(10) conditions of employment or remarks,
				  including application procedures and special requirements;
(11) job posting open date; and
(12) job posting closing date and time or
				  indication that the position is open until filled.
Texas Administrative Code › Title 43 - TRANSPORTATION › Part 1 - TEXAS DEPARTMENT OF TRANSPORTATION › Chapter 4 - EMPLOYMENT PRACTICES › Subchapter B - JOB APPLICATION PROCEDURES › Section 4.13 - Application

Current through Reg. 49, No. 28; July 12, 2024
(a) To be considered for a position posted
				  under §
										4.12 of this
				  subchapter (relating to Job Postings), an applicant must submit a completed
				  online state of Texas application through the Texas Workforce Commission's Work
				  in Texas website or an application or resume through the department's online
				  application system that includes the applicant's work experience, education,
				  and all necessary information or documentation regarding the applicant's
				  qualifications and competencies that pertain to the requirements of the
				  job.
(b) An application will not be
				  accepted if the applicant will not be 16 years of age or older on date of
				  hire.
(c) Applications must be
				  received before the date and time included in the job posting under §
										4.12(b)(12)
				  of this subchapter.
Texas Administrative Code › Title 43 - TRANSPORTATION › Part 1 - TEXAS DEPARTMENT OF TRANSPORTATION › Chapter 4 - EMPLOYMENT PRACTICES › Subchapter B - JOB APPLICATION PROCEDURES › Section 4.14 - Screening

Current through Reg. 49, No. 28; July 12, 2024
The department's qualification screening process considers
					 an applicant's education, work experience, and licenses and certifications to
					 ensure that the applicant meets the minimum job requirements.
Texas Administrative Code › Title 43 - TRANSPORTATION › Part 1 - TEXAS DEPARTMENT OF TRANSPORTATION › Chapter 4 - EMPLOYMENT PRACTICES › Subchapter B - JOB APPLICATION PROCEDURES › Section 4.15 - Preferences

Current through Reg. 49, No. 28; July 12, 2024
The department will give an applicant employment preference
					 over other applicants who do not have greater qualifications for the same
					 position, if the applicant:
(1)
				  qualifies for employment preference under Government Code, Chapter 657,
				  Military Employment Preferences; or
(2) is entitled to an employment preference
				  under Government Code, Chapter 672, Employment Preference For Former Foster
				  Children.
Texas Administrative Code › Title 43 - TRANSPORTATION › Part 1 - TEXAS DEPARTMENT OF TRANSPORTATION › Chapter 4 - EMPLOYMENT PRACTICES › Subchapter B - JOB APPLICATION PROCEDURES › Section 4.16 - Medical Examination

Current through Reg. 49, No. 28; July 12, 2024
(a) After a
				  conditional job offer is made and accepted, the department will require that an
				  applicant for a physically demanding position pass a medical examination to
				  verify that the applicant is able to perform the essential functions of the
				  job, with or without reasonable accommodation. For purposes of this subsection,
				  "physically demanding position" means a full-time, part-time, temporary,
				  project, or seasonal position that the director of the Human Resources Division
				  has determined requires the performance of one or more essential functions that
				  involve a high level and long duration of physical exertion.
(b) The department may designate practicing
				  physicians to make the physical examination of applicants.
Texas Administrative Code › Title 43 - TRANSPORTATION › Part 1 - TEXAS DEPARTMENT OF TRANSPORTATION › Chapter 4 - EMPLOYMENT PRACTICES › Subchapter C - EMPLOYMENT AND EDUCATION PROGRAMS › Section 4.20 - Purpose and Scope

Current through Reg. 49, No. 28; July 12, 2024
It is the policy and practice of the Texas Department of
					 Transportation to integrate academic studies with supervised work experience by
					 providing employment in cooperative education and internship programs. These
					 programs increase a student's job potential, while assisting the student
					 financially and bringing new educational methods to the workplace. The programs
					 enrich secondary institutions' and universities' curricula and help the
					 institutions retain students. It is also the policy of the department to
					 provide financial assistance to eligible minority and female students who
					 intend to work for the department in professions identified by the department
					 as having a significant statistical underrepresentation of minorities or women
					 in the department's workforce. The programs provide the department's managers
					 with a recruiting source for professional, ethnic and workforce diversity for
					 long-range staffing goals by building an understanding of the department's
					 career opportunities. In keeping with these policies and with the requirements
					 of Texas Civil Statutes, Articles 6668a, 6668b, 6669a, and Education Code,
					 Chapter 56, Subchapter I, this subchapter prescribes the policies and
					 procedures by which the department selects students to participate in these
					 programs.
Texas Administrative Code › Title 43 - TRANSPORTATION › Part 1 - TEXAS DEPARTMENT OF TRANSPORTATION › Chapter 4 - EMPLOYMENT PRACTICES › Subchapter C - EMPLOYMENT AND EDUCATION PROGRAMS › Section 4.22 - College Cooperative Education Program

Current through Reg. 49, No. 28; July 12, 2024
(a) Purpose.
				  The College Cooperative Education Program is designed to combine collegiate
				  classroom education with full-time practical employment experience through
				  alternating periods of work and study.
(b) Institution eligibility. In order to be
				  eligible to participate in the cooperative education program, a higher
				  education institution must:
(1) be located in
				  the United States;
(2) be an
				  institution with a college or graduate, technical, trade, vocational, or
				  business school curriculum that is accredited by an association of colleges and
				  schools, or licensed by a state agency;
(3) have the authority to administer
				  requirements, standards, and credits necessary to award degrees, diplomas, and
				  certificates; and
(4) have a
				  cooperative education program.
Texas Administrative Code › Title 43 - TRANSPORTATION › Part 1 - TEXAS DEPARTMENT OF TRANSPORTATION › Chapter 4 - EMPLOYMENT PRACTICES › Subchapter C - EMPLOYMENT AND EDUCATION PROGRAMS › Section 4.23 - High School Cooperative Education Program

Current through Reg. 49, No. 28; July 12, 2024
(a)
				  Purpose. The High School Cooperative Education Program is designed to combine
				  high school classroom education with part-time practical employment experience
				  in office and industrial arts environments.
(b) High school eligibility. In order to be
				  eligible to participate in the HSCEP, a high school must:
(1) be located in Texas; and
(2) have a cooperative education
				  program.
Texas Administrative Code › Title 43 - TRANSPORTATION › Part 1 - TEXAS DEPARTMENT OF TRANSPORTATION › Chapter 4 - EMPLOYMENT PRACTICES › Subchapter C - EMPLOYMENT AND EDUCATION PROGRAMS › Section 4.24 - College Intern Program

Current through Reg. 49, No. 28; July 12, 2024
(a) Purpose. The
				  college intern program is designed to furnish a college student with full-time
				  practical employment.
(b)
				  Institution eligibility. In order to be eligible to participate in the intern
				  program, a higher education institution must:
(1) be located in the United
				  States;
(2) be an institution with
				  a college or graduate, technical, trade, vocational, or business school
				  curriculum that is accredited by an association of colleges and schools, or
				  licensed by a state agency; and
(3)
				  have the authority to administer requirements, standards, and credits necessary
				  to award degrees, diplomas, and certificates.
Texas Administrative Code › Title 43 - TRANSPORTATION › Part 1 - TEXAS DEPARTMENT OF TRANSPORTATION › Chapter 4 - EMPLOYMENT PRACTICES › Subchapter C - EMPLOYMENT AND EDUCATION PROGRAMS › Section 4.25 - Conditional Grant Program

Current through Reg. 49, No. 28; July 12, 2024
(a) Purpose. This
				  section establishes procedures for the administration of a conditional grant
				  program that will provide financial assistance to eligible economically
				  disadvantaged students who intend to work for the department in civil
				  engineering or any other profession for which the department determines there
				  is a critical need. Authority for the creation of the conditional grant program
				  is contained in Education Code, Chapter 56, Subchapter I.
(b) Program. Upon determination by the
				  executive director or the director's designee, the department may provide
				  financial assistance to eligible students who:
(1) declare an intent to seek a baccalaureate
				  degree from an institution in the State of Texas in a field of study that
				  satisfies the department's minimum education requirement for an eligible
				  profession;
(2) intend to work for
				  the department for the two academic years immediately following the date of the
				  student's receipt of an eligible degree from an institution in the State of
				  Texas; and
(3) exhibit a high level
				  of academic performance.
Texas Administrative Code › Title 43 - TRANSPORTATION › Part 1 - TEXAS DEPARTMENT OF TRANSPORTATION › Chapter 4 - EMPLOYMENT PRACTICES › Subchapter D - SUBSTANCE ABUSE PROGRAM › Section 4.30 - Purpose

Current through Reg. 49, No. 28; July 12, 2024
This subchapter contains the Texas Transportation
					 Commission's substance abuse program. The goal is to achieve an alcohol- and
					 drug-free workplace, which will help protect the health and safety of the
					 public and of the department's most valuable resource, its employees. The
					 department is committed to rehabilitating and restoring employees whose
					 performance may be impaired by alcohol or drug abuse.
Texas Administrative Code › Title 43 - TRANSPORTATION › Part 1 - TEXAS DEPARTMENT OF TRANSPORTATION › Chapter 4 - EMPLOYMENT PRACTICES › Subchapter D - SUBSTANCE ABUSE PROGRAM › Section 4.31 - Definitions

Current through Reg. 49, No. 28; July 12, 2024
The following words and terms, when used in this
					 subchapter, shall have the following meanings, unless the context clearly
					 indicates otherwise.
(1) Alcohol--The
				  intoxicating agent in beverage alcohol, ethyl alcohol, or other low molecular
				  weight alcohols including methyl and isopropyl alcohol.
(2) Alcohol test result--The alcohol in a
				  volume of breath expressed in terms of grams of alcohol per 210 liters of
				  breath as indicated by a breath test.
(3) Alcohol- or drug-related driving
				  offense--A conviction or deferred adjudication for any offense involving the
				  driving of a vehicle, whether on-duty or off-duty, while under the influence of
				  alcohol or drugs or while intoxicated.
(4) Commercial driver--An employee who
				  operates a commercial motor vehicle for the department, regardless of the
				  frequency.
(5) Commercial motor
				  vehicle--A motor vehicle or combination of vehicles used to transport
				  passengers or property if it:
(A) has a gross
				  combination weight rating of 26,001 or more pounds inclusive of a towed unit
				  with a gross vehicle weight rating of more than 10,000 pounds;
(B) has a gross vehicle weight rating of
				  26,001 or more pounds;
(C) is
				  designed to transport 16 or more passengers, including the commercial driver;
				  or
(D) is of any size and is used
				  in the transportation of materials that are considered hazardous under the
				  Hazardous Materials Transportation Act,
				  49 U.S.C.
				  §5103(b), and that
				  require the motor vehicle to be placarded under the Hazardous Materials
				  Regulations, 49 C.F.R. Part 172, Subpart F.
Texas Administrative Code › Title 43 - TRANSPORTATION › Part 1 - TEXAS DEPARTMENT OF TRANSPORTATION › Chapter 4 - EMPLOYMENT PRACTICES › Subchapter D - SUBSTANCE ABUSE PROGRAM › Section 4.32 - Department Actions Relating to Substance Abuse

Current through Reg. 49, No. 28; July 12, 2024
(a) Administrative and disciplinary actions.
				  An employee who violates the policies and prohibitions of this subchapter will
				  be subject to discipline, up to and including termination from the
				  department.
(b) Mandatory referral.
				  In addition to or instead of disciplinary action, an employee may be
				  mandatorily referred to the EAP and required to complete treatment.
(c) Voluntary referral. The department
				  provides the EAP and encourages employees to use its services voluntarily to
				  deal with alcohol or drug abuse before job performance is affected. Completion
				  of treatment may mitigate the need for discipline.
(d) Acknowledgement of policy. As a condition
				  of employment, each employee must comply with this subchapter and must sign a
				  form acknowledging these standards of conduct.
Texas Administrative Code › Title 43 - TRANSPORTATION › Part 1 - TEXAS DEPARTMENT OF TRANSPORTATION › Chapter 4 - EMPLOYMENT PRACTICES › Subchapter D - SUBSTANCE ABUSE PROGRAM › Section 4.33 - Prohibited Conduct

Current through Reg. 49, No. 28; July 12, 2024
(a) Employee
				  obligation. Department employees have an obligation to uphold the public's
				  trust in the department by projecting a positive image to other employees and
				  the public at all times.
(b)
				  Alcohol and drug use. An employee is prohibited from using alcohol or drugs,
				  possessing an open container of an alcoholic beverage, or possessing a drug in
				  the workplace.
(c) Alcohol use
				  after accident. An employee is prohibited from using alcohol within eight hours
				  after an accident or before undergoing a post-accident alcohol test, whichever
				  comes first.
(d) Sale of drugs. An
				  employee is prohibited from the illegal sale, distribution, dispensing,
				  transportation, or manufacture of drugs, whether in the workplace or outside
				  the workplace. This prohibition includes any violation of state and federal
				  controlled substances acts.
(e)
				  Lawful medication. An employee is prohibited from reporting to work, working,
				  or operating a state vehicle while under the influence of lawfully prescribed
				  or over-the-counter substances if the employee's performance is impaired. An
				  employee may appropriately use prescribed or over-the-counter medications if
				  work performance is not impaired.
(f) Responsibilities of supervisors. A
				  supervisor may not allow an employee to continue to work if the supervisor has
				  actual knowledge that the employee in the workplace is using alcohol or drugs
				  in the workplace, possesses an open container of an alcoholic beverage in the
				  workplace, or possesses a drug in the workplace.
Texas Administrative Code › Title 43 - TRANSPORTATION › Part 1 - TEXAS DEPARTMENT OF TRANSPORTATION › Chapter 4 - EMPLOYMENT PRACTICES › Subchapter D - SUBSTANCE ABUSE PROGRAM › Section 4.35 - Administrative Actions

Current through Reg. 49, No. 28; July 12, 2024
(a) Removal from
				  critical duties. A supervisor or substance control officer will immediately
				  remove an employee from critical duties if the employee is suspected of
				  violating this subchapter.
(b)
				  Sufficient documentation. An employee will be tested for cause if a supervisor
				  has a reasonable suspicion that the employee was working under the influence of
				  alcohol or drugs. This determination must be based on observed and documented
				  physical, behavioral, or performance indications.
(c) Insufficient documentation. An employee
				  will be given an opportunity to offer an explanation if a supervisor has a
				  reasonable suspicion that the employee was working under the influence of
				  alcohol or drugs, but does not have sufficient observed and documented
				  indications to justify testing for cause.
(d) Sufficient response. If an employee
				  provides a sufficient and acceptable response under subsection (c) of this
				  section, the employee will remain subject to administrative and disciplinary
				  actions if it is later discovered that the employee has worked under the
				  influence of alcohol or drugs. The supervisor or substance control officer will
				  so advise the employee.
(e)
				  Procedural response.
(1) The department will
				  follow the procedures established in paragraph (2) of this subsection under
				  either of the following circumstances.
(A) A
				  supervisor has a reasonable suspicion under subsection (b) of this section that
				  an employee was working under the influence of alcohol or drugs.
(B) An employee refuses to offer an
				  explanation under subsection (c) of this section, the response indicates that
				  the employee violated this subchapter, or the response is insufficient or
				  unacceptable.
Texas Administrative Code › Title 43 - TRANSPORTATION › Part 1 - TEXAS DEPARTMENT OF TRANSPORTATION › Chapter 4 - EMPLOYMENT PRACTICES › Subchapter D - SUBSTANCE ABUSE PROGRAM › Section 4.36 - Testing

Current through Reg. 49, No. 28; July 12, 2024
(a) Notification to employees. An employee
				  will be notified in writing that the employee is subject to drug and alcohol
				  testing before being required to submit to an alcohol or drug test.
(b) Pre-employment testing.
(1) A final applicant must pass a drug test
				  before being hired for a position that involves driving for the
				  department.
(2) The department will
				  notify a final applicant of the results of a pre-employment drug test if the
				  applicant requests those results in writing within 60 calendar days after being
				  notified of the disposition of the employment application. The department will
				  also inform the applicant which drugs, if any, were verified as
				  positive.
Texas Administrative Code › Title 43 - TRANSPORTATION › Part 1 - TEXAS DEPARTMENT OF TRANSPORTATION › Chapter 4 - EMPLOYMENT PRACTICES › Subchapter D - SUBSTANCE ABUSE PROGRAM › Section 4.37 - Test Results

Current through Reg. 49, No. 28; July 12, 2024
(a) Requirements
				  after violation. An employee shall complete the following requirements if the
				  employee has a positive drug test result or an alcohol test result of 0.04 or
				  greater, or if the employee is a commercial driver, safety-impact employee, or
				  vessel crewmember who violated §4.44(b)(1) - (5) of this subchapter.
(1) The supervisor or the substance control
				  officer will mandatorily refer the employee to the EAP and require the employee
				  to complete treatment.
(2) The
				  employee will undergo a return-to-duty alcohol or drug test. An alcohol test
				  must indicate a result of less than .02, and a drug test must indicate a
				  verified negative result. An employee will be terminated from the department if
				  the employee fails to pass the return-to-duty drug or alcohol test.
(3) The employee will provide a completed
				  return-to-work form before resuming any critical duties. Commercial drivers,
				  vessel crewmembers, and safety-impact employees who are not required to provide
				  a return-to-work form will still be subject to a return-to-duty test.
(4) The employee will undergo follow-up
				  testing for alcohol or drugs for up to 60 months. Follow-up testing will
				  include at least 6 tests in the first 12 months after the employee's return to
				  duty. The number and frequency of follow-up tests will be established by the
				  EAP counselors. The EAP counselors may terminate the requirement for further
				  testing at any time after the first six tests have been administered. An
				  employee who fails to pass a follow-up drug or alcohol test has not completed
				  treatment and will be terminated from the department.
Texas Administrative Code › Title 43 - TRANSPORTATION › Part 1 - TEXAS DEPARTMENT OF TRANSPORTATION › Chapter 4 - EMPLOYMENT PRACTICES › Subchapter D - SUBSTANCE ABUSE PROGRAM › Section 4.38 - Test Procedures

Current through Reg. 49, No. 28; July 12, 2024
(a) General
				  procedures. A person to be tested shall report to the test site designated by
				  the department and follow the directions of testing officials. Alcohol and drug
				  testing conducted under this title will comply with the procedures set forth in
				  49 CFR, Part 40.
(b) Costs. Alcohol
				  and drug tests will be conducted at department expense with the exception of a
				  split specimen test. The employee must pay for a split specimen test, which
				  occurs when the employee requests separate testing of the second of two
				  contemporaneous samples.
(c)
				  Retest. If a negative drug test has a creatinine and specific gravity value
				  lower than expected for human urine, the employee will be directed to take
				  another test immediately.
Texas Administrative Code › Title 43 - TRANSPORTATION › Part 1 - TEXAS DEPARTMENT OF TRANSPORTATION › Chapter 4 - EMPLOYMENT PRACTICES › Subchapter D - SUBSTANCE ABUSE PROGRAM › Section 4.40 - Mandatory Referral and Treatment

Current through Reg. 49, No. 28; July 12, 2024
(a)
				  Effect of referral. Except as otherwise provided in this subchapter, an
				  employee who has a problem associated with alcohol or drug use will be
				  mandatorily referred to the EAP if the problem may affect the employee's
				  conduct or performance in the workplace. Until an employee provides a
				  return-to-work form, the employee will be removed from critical
				  duties.
(b) Procedure. The
				  department will pay for the cost of counseling sessions provided by the EAP
				  vendor, including an initial assessment. Employees who are referred by the EAP
				  vendor to an outside treatment provider are responsible for any costs incurred
				  as a result of the referral. An EAP counselor shall evaluate a referred
				  employee to determine the extent of the dependence on alcohol or drugs and
				  refer the employee to appropriate initial treatment, which shall include one or
				  more of the following elements.
(1) An
				  employee may participate in an inpatient rehabilitation treatment program and
				  will not be able to work while enrolled in the program.
(2) An employee may participate in an
				  intensive outpatient treatment program, which will provide individual
				  counseling, group therapy, and educational services for varying lengths of
				  time, normally up to 10 weeks. An employee participating in an outpatient
				  program will normally be able to continue to work while participating in the
				  program.
(3) An employee may
				  participate in a counseling program that includes education or counseling
				  sessions. The EAP counselors will prescribe the content, frequency, and
				  duration of these sessions, as appropriate, and may include group or individual
				  education or counseling sessions.
Texas Administrative Code › Title 43 - TRANSPORTATION › Part 1 - TEXAS DEPARTMENT OF TRANSPORTATION › Chapter 4 - EMPLOYMENT PRACTICES › Subchapter D - SUBSTANCE ABUSE PROGRAM › Section 4.41 - Voluntary Admissions

Current through Reg. 49, No. 28; July 12, 2024
(a) Scope. In this
				  section the term alcohol or drug problem includes alcohol or drug use in the
				  workplace.
(b) Employees in
				  general. An employee, other than a commercial driver, safety-impact employee,
				  or vessel crewmember, will be subject to the following provisions if the
				  employee voluntarily admits to an alcohol or drug problem.
(1) The employee will be removed from driving
				  duties until the employee provides a completed return-to-work form.
(2) The employee will be mandatorily referred
				  to the EAP and required to complete treatment.
Texas Administrative Code › Title 43 - TRANSPORTATION › Part 1 - TEXAS DEPARTMENT OF TRANSPORTATION › Chapter 4 - EMPLOYMENT PRACTICES › Subchapter D - SUBSTANCE ABUSE PROGRAM › Section 4.42 - Recurrence of Substance Abuse

Current through Reg. 49, No. 28; July 12, 2024
(a) Recurrence
				  as grounds for termination. An employee will be terminated on the need to be
				  mandatorily referred to the EAP a second time. A second referral after a break
				  in service will be treated as if there had been no break in service.
(b) Exceptions. It is not considered a
				  mandatory referral within the meaning of this section if:
(1) an employee is assessed by the EAP
				  counselors as not needing assistance in resolving problems associated with
				  alcohol or drug use on a first mandatory referral; or
(2) an employee is referred for an alcohol-
				  or drug-related driving offense.
Texas Administrative Code › Title 43 - TRANSPORTATION › Part 1 - TEXAS DEPARTMENT OF TRANSPORTATION › Chapter 4 - EMPLOYMENT PRACTICES › Subchapter D - SUBSTANCE ABUSE PROGRAM › Section 4.43 - Employees Who Drive for the Department

Current through Reg. 49, No. 28; July 12, 2024
(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.
Texas Administrative Code › Title 43 - TRANSPORTATION › Part 1 - TEXAS DEPARTMENT OF TRANSPORTATION › Chapter 4 - EMPLOYMENT PRACTICES › Subchapter D - SUBSTANCE ABUSE PROGRAM › Section 4.44 - Commercial Drivers, Safety-Impact Employees, and Vessel Crewmembers

Current through Reg. 49, No. 28; July 12, 2024
(a) Scope. Commercial drivers, safety-impact
				  employees, and vessel crewmembers are subject both to the requirements of this
				  section and to the general requirements that apply to all employees.
(b) Prohibited activities. Commercial
				  drivers, safety-impact employees, and vessel crewmembers shall not:
(1) report to work within four hours of
				  consuming alcohol;
(2) report to
				  work or remain at work while under the influence of alcohol or drugs;
(3) consume or possess alcohol while on duty
				  or while driving a commercial motor vehicle;
(4) use alcohol within eight hours after an
				  accident or before undergoing a post-accident alcohol test, whichever comes
				  first;
(5) have a positive drug
				  test result or an alcohol test result of 0.04 or greater; or
(6) refuse to test.
Texas Administrative Code › Title 43 - TRANSPORTATION › Part 1 - TEXAS DEPARTMENT OF TRANSPORTATION › Chapter 4 - EMPLOYMENT PRACTICES › Subchapter D - SUBSTANCE ABUSE PROGRAM › Section 4.45 - Confidentiality

Current through Reg. 49, No. 28; July 12, 2024
(a) Prohibition on disclosure. Alcohol and
				  drug test information shall be kept confidential except as required by law or
				  in accordance with 49 CFR, Part 40.
(b) Records. All information relating to the
				  substance abuse program will be maintained by the substance control officer in
				  a locked file that is separate from that employee's standard personnel file.
				  The information in this separate file will include mandatory referrals to the
				  EAP, documentation of post-accident and reasonable cause determinations, and
				  records of treatment, appeals, and litigation.
(c) Disciplinary action. An employee who
				  willfully discloses confidential information relating to the substance abuse
				  program, except in accordance with this subchapter, will be subject to
				  disciplinary action, which may include termination from the
				  department.
Texas Administrative Code › Title 43 - TRANSPORTATION › Part 1 - TEXAS DEPARTMENT OF TRANSPORTATION › Chapter 4 - EMPLOYMENT PRACTICES › Subchapter D - SUBSTANCE ABUSE PROGRAM › Section 4.46 - Education

Current through Reg. 49, No. 28; July 12, 2024
The department will conduct an alcohol and drug-free
					 awareness program providing all employees and supervisors with training on the
					 department's policy, actions that will be taken for violations of the policy,
					 the dangers of alcohol and drug abuse in the workplace, and the
					 EAP.
Texas Administrative Code › Title 43 - TRANSPORTATION › Part 1 - TEXAS DEPARTMENT OF TRANSPORTATION › Chapter 4 - EMPLOYMENT PRACTICES › Subchapter E - SICK LEAVE POOL PROGRAM › Section 4.50 - Purpose

Current through Reg. 49, No. 28; July 12, 2024
The purpose of the sick leave pool program is to provide
					 additional sick leave for an employee when the employee or the employee's
					 immediate family member has a catastrophic illness or injury which causes the
					 employee to exhaust all paid leave. Authority for the creation of the sick
					 leave pool program is contained in Government Code, Chapter 661, Subchapter A,
					 State Employee Sick Leave Pool.
Texas Administrative Code › Title 43 - TRANSPORTATION › Part 1 - TEXAS DEPARTMENT OF TRANSPORTATION › Chapter 4 - EMPLOYMENT PRACTICES › Subchapter E - SICK LEAVE POOL PROGRAM › Section 4.52 - Administration of the Pool

Current through Reg. 49, No. 28; July 12, 2024
The pool administrator is responsible for developing
					 procedures for the operation of the pool; developing forms for contributing
					 leave to, or requesting leave from the sick leave pool; and issuing
					 interpretations and clarifications of the sick leave pool
					 program.
Texas Administrative Code › Title 43 - TRANSPORTATION › Part 1 - TEXAS DEPARTMENT OF TRANSPORTATION › Chapter 4 - EMPLOYMENT PRACTICES › Subchapter E - SICK LEAVE POOL PROGRAM › Section 4.53 - Eligibility

Current through Reg. 49, No. 28; July 12, 2024
(a) All employees may participate in the sick
				  leave pool program.
(b) An employee
				  with a catastrophic illness or injury is not required to contribute to the pool
				  before he or she may apply for pool leave.
(c) An employee who has previously
				  contributed to the pool and does not suffer a catastrophic illness or injury
				  may apply to use sick leave from the sick leave pool as specified in §
										4.55 of this
				  title (relating to Contribution Returns).
Texas Administrative Code › Title 43 - TRANSPORTATION › Part 1 - TEXAS DEPARTMENT OF TRANSPORTATION › Chapter 4 - EMPLOYMENT PRACTICES › Subchapter E - SICK LEAVE POOL PROGRAM › Section 4.54 - Contributions

Current through Reg. 49, No. 28; July 12, 2024
(a) An employee may voluntarily contribute
				  any amount of sick leave hours allowed by Government Code, Chapter 661,
				  Subchapter A, State Employee Sick Leave Pool to:
(1) the sick leave pool; or
(2) a department employee who has exhausted
				  the employee's sick leave, including any time the employee may be eligible to
				  withdraw from the sick leave pool.
Texas Administrative Code › Title 43 - TRANSPORTATION › Part 1 - TEXAS DEPARTMENT OF TRANSPORTATION › Chapter 4 - EMPLOYMENT PRACTICES › Subchapter E - SICK LEAVE POOL PROGRAM › Section 4.55 - Contribution Returns

Current through Reg. 49, No. 28; July 12, 2024
(a) Scope of
				  Section. Sick leave contributed to a specific employee will not be returned to
				  the employee who contributed the leave. This section provides the restrictions
				  and procedures for the return of sick leave contributed to the sick leave
				  pool.
(b) Restrictions.
(1) An employee or employee's immediate
				  family member must suffer an illness or injury, not necessarily catastrophic,
				  to have the employee's sick leave pool contribution returned.
(2) Regardless of the number of requests, the
				  number of hours that may be returned to an employee shall not exceed the total
				  number of hours he or she has contributed since the beginning of the program,
				  June 1, 1990.
(3) All accrued sick
				  leave must be exhausted by the employee before hours will be returned from a
				  previous contribution.
(4) The
				  maximum number of hours that may be returned per request shall not exceed the
				  amount needed. The amount needed is determined from the information provided by
				  the health care provider.
(5) If
				  the pool balance cannot accommodate the amount needed, the employee shall be
				  refunded one-third the balance of the pool.
(6) An employee who is planning to retire and
				  who has contributed sick leave to the pool may not have his or her
				  contributions refunded in order to receive a retirement credit.
Texas Administrative Code › Title 43 - TRANSPORTATION › Part 1 - TEXAS DEPARTMENT OF TRANSPORTATION › Chapter 4 - EMPLOYMENT PRACTICES › Subchapter F - EMPLOYEE TRAINING AND EDUCATION › Section 4.61 - Tuition Assistance Program

Current through Reg. 49, No. 28; July 12, 2024
The department shall develop programs for the continuing
					 education of employees under the State Employees Training Act, Texas Government
					 Code §§
										656.041 -
					 656.104. The
					 eligibility of employees for training and education provided or funded by the
					 department under the programs, and the obligations, including restrictions and
					 potential liability, assumed by employees on receiving training or education,
					 shall be provided in the department's policies.
Texas Administrative Code › Title 43 - TRANSPORTATION › Part 1 - TEXAS DEPARTMENT OF TRANSPORTATION › Chapter 4 - EMPLOYMENT PRACTICES › Subchapter G - FAMILY LEAVE POOL PROGRAM › Section 4.70 - Purpose

Current through Reg. 49, No. 28; July 12, 2024
The purpose of the family leave pool program is to make
					 leave available to an eligible employee who has exhausted all eligible leave
					 for the purposes of bonding with and caring for the employee's children or a
					 person over whom the employee has guardianship or caring for an immediate
					 family member's or the employee's serious illness. Authority for the creation
					 of the family leave pool program is contained in Government Code, Chapter 661,
					 Subchapter A-1, State Employee Family Leave Pool.
Texas Administrative Code › Title 43 - TRANSPORTATION › Part 1 - TEXAS DEPARTMENT OF TRANSPORTATION › Chapter 4 - EMPLOYMENT PRACTICES › Subchapter G - FAMILY LEAVE POOL PROGRAM › Section 4.71 - Definitions

Current through Reg. 49, No. 28; July 12, 2024
The following words and terms, when used in this
					 subchapter, shall have the following meanings, unless the context clearly
					 indicates otherwise.
(1)
				  Department--The Texas Department of Transportation.
(2) Employee--A person, other than the
				  executive director, who is employed by the department.
(3) Health care provider--A licensed
				  physician.
(4) Immediate family
				  member--A person who lives in the same household as an employee and who is
				  related to the employee by kinship, adoption, or marriage or is a foster child
				  of the employee, a parent of the employee, or any person 18 years of age or
				  older requiring guardianship for whom the employee is appointed the
				  guardian.
(5) Pool
				  administrator--The Director of the Human Resources Division or the employee
				  designated by the director to administer the department's family leave pool
				  program.
(6) Serious illness--An
				  illness, injury, impairment, or physical or mental condition that requires
				  continuing in-home care under the direction the services of a health care
				  provider.
(7) Sick leave--Paid
				  absence from work because of illness, injury, or pregnancy.
Texas Administrative Code › Title 43 - TRANSPORTATION › Part 1 - TEXAS DEPARTMENT OF TRANSPORTATION › Chapter 4 - EMPLOYMENT PRACTICES › Subchapter G - FAMILY LEAVE POOL PROGRAM › Section 4.72 - Administration of the Pool

Current through Reg. 49, No. 28; July 12, 2024
The pool administrator is responsible for:
(1) developing and implementing policies,
				  operating procedures, and forms for the administration of this subchapter;
				  and
(2) issuing interpretations and
				  clarifications relating to the family leave pool program.
Texas Administrative Code › Title 43 - TRANSPORTATION › Part 1 - TEXAS DEPARTMENT OF TRANSPORTATION › Chapter 4 - EMPLOYMENT PRACTICES › Subchapter G - FAMILY LEAVE POOL PROGRAM › Section 4.73 - Eligibility

Current through Reg. 49, No. 28; July 12, 2024
(a) An employee may participate in the family
				  leave pool program regardless of whether the employee has previously
				  contributed to the family leave pool.
(b) An employee is eligible to use time
				  contributed to the family leave pool if the employee has exhausted all eligible
				  compensatory, discretionary, sick, and vacation leave because of:
(1) the birth of a child;
(2) the placement of a foster child or
				  adoption of a child under 18 years of age;
(3) the placement of any person 18 years of
				  age or older requiring guardianship;
(4) a serious illness to an immediate family
				  member or the employee, including a pandemic-related illness;
(5) an extenuating circumstance created by an
				  ongoing pandemic, including providing essential care to an immediate family
				  member; or
(6) a previous
				  contribution of time to the pool.
Texas Administrative Code › Title 43 - TRANSPORTATION › Part 1 - TEXAS DEPARTMENT OF TRANSPORTATION › Chapter 4 - EMPLOYMENT PRACTICES › Subchapter G - FAMILY LEAVE POOL PROGRAM › Section 4.74 - Contributions

Current through Reg. 49, No. 28; July 12, 2024
(a) An employee may contribute one or more
				  days of the employee's accrued sick or vacation leave to the family leave pool.
				  A retiring employee may designate the number of the retiring employee's accrued
				  sick or vacation leave hours to be donated to the family leave pool.
(b) After the pool administrator approves an
				  employee's contribution, the pool administrator will deduct from the employee's
				  account the contributed amount and credit that amount to the family leave pool.
				  Deducted amounts will not be returned to the employee's account.
Texas Administrative Code › Title 43 - TRANSPORTATION › Part 1 - TEXAS DEPARTMENT OF TRANSPORTATION › Chapter 4 - EMPLOYMENT PRACTICES › Subchapter G - FAMILY LEAVE POOL PROGRAM › Section 4.75 - Requests for Withdrawals

Current through Reg. 49, No. 28; July 12, 2024
(a) An eligible
				  employee may apply for permission to withdraw time from the family leave pool
				  by completing a form designated by the department and submitting to the pool
				  administrator the completed form and:
(1) a
				  written statement from the health care provider who is treating the employee or
				  the employee's immediate family member if the permission being sought is due to
				  a serious illness, including a pandemic-related illness; or
(2) applicable documentation, including an
				  essential caregiver designation, proof of a school or daycare closure, or other
				  appropriate documentation if the permission being sought is due to extenuating
				  circumstances created by an ongoing pandemic.
Texas Administrative Code › Title 43 - TRANSPORTATION › Part 1 - TEXAS DEPARTMENT OF TRANSPORTATION › Chapter 4 - EMPLOYMENT PRACTICES › Subchapter G - FAMILY LEAVE POOL PROGRAM › Section 4.76 - Decision on a Request

Current through Reg. 49, No. 28; July 12, 2024
(a) The pool
				  administrator will consider requests in the order in which they are received
				  and will determine an employee's eligibility and approve or deny the request
				  within five business days after the date on which a completed request form is
				  received.
(b) If the pool
				  administrator approves the request, the pool administrator will determine the
				  amount of time that an employee may withdraw from the family leave pool based
				  on:
(1) the number of hours requested by the
				  employee;
(2) the documentation
				  submitted in support of the requested leave;
(3) the date and time the employee exhausted
				  or will exhaust all eligible compensatory, discretionary, sick, and vacation
				  leave; and
(4) the limitations on
				  the amount of withdrawals from the family leave pool provided by § 4.75 of
				  this subchapter (relating to Requests for Withdrawals).
Texas Administrative Code › Title 43 - TRANSPORTATION › Part 1 - TEXAS DEPARTMENT OF TRANSPORTATION › Chapter 4 - EMPLOYMENT PRACTICES › Subchapter G - FAMILY LEAVE POOL PROGRAM › Section 4.77 - Unused Leave

Current through Reg. 49, No. 28; July 12, 2024
(a) Unused leave
				  granted under the family leave pool program shall be returned to the pool when
				  the need for that leave ceases.
(b)
				  The pool administrator may require that the unused leave be returned to the
				  family leave pool if the employee:
(1) fails
				  to provide required documentation in accordance with the applicable department
				  policies and procedures;
(2)
				  submits false information; or
(3)
				  abuses the use of family leave pool hours.
Texas Administrative Code › Title 43 - TRANSPORTATION › Part 1 - TEXAS DEPARTMENT OF TRANSPORTATION › Chapter 4 - EMPLOYMENT PRACTICES › Subchapter G - FAMILY LEAVE POOL PROGRAM › Section 4.78 - Equal Treatment

Current through Reg. 49, No. 28; July 12, 2024
An employee absent while using time withdrawn from the
					 family leave pool shall be treated as if the employee is absent on earned sick
					 leave.
Texas Administrative Code › Title 43 - TRANSPORTATION › Part 1 - TEXAS DEPARTMENT OF TRANSPORTATION › Chapter 5 - FINANCE › Subchapter A - ETHICS REQUIREMENTS FOR FINANCIAL ADVISORS AND SERVICE PROVIDERS › Section 5.1 - Purpose

Current through Reg. 49, No. 28; July 12, 2024
Government Code, §
										2263.004,
					 requires the governing body of a state governmental entity to adopt by rule
					 standards of conduct applicable to certain financial advisors or service
					 providers who provide financial services to the state governmental entity or
					 advise the state governmental entity or a member of the governing body of the
					 state governmental entity in connection with the management or investment of
					 state funds. This subchapter prescribes standards of conduct and disclosure
					 requirements for financial advisors and service providers that provide
					 financial services and advice to the Texas Transportation Commission and the
					 Texas Department of Transportation.
Texas Administrative Code › Title 43 - TRANSPORTATION › Part 1 - TEXAS DEPARTMENT OF TRANSPORTATION › Chapter 5 - FINANCE › Subchapter A - ETHICS REQUIREMENTS FOR FINANCIAL ADVISORS AND SERVICE PROVIDERS › Section 5.2 - Definitions

Current through Reg. 49, No. 28; July 12, 2024
The following words and terms, when used in this
					 subchapter, shall have the following meanings, unless the context clearly
					 indicates otherwise.
(1)
				  Commission--The Texas Transportation Commission.
(2) Comptroller--The Comptroller of Public
				  Accounts of the State of Texas.
(3)
				  Department--The Texas Department of Transportation.
(4) Direct placement investment--The direct
				  sale of securities, generally to institutional investors, with or without the
				  use of brokers or underwriters.
(5)
				  Executive director--The executive director of the department.
(6) Financial advisor or service provider--A
				  business entity or a person who is not an employee of the department, who acts
				  as a financial advisor, financial consultant, money or investment manager, or
				  broker, or who acts in another capacity to provide services in connection with
				  the management or investment of state funds, and who:
(A) may reasonably be expected to receive,
				  directly or indirectly, more than $10,000 in compensation from the department
				  during a fiscal year; or
(B)
				  renders investment or funds management advice to the department or the
				  commission.
Texas Administrative Code › Title 43 - TRANSPORTATION › Part 1 - TEXAS DEPARTMENT OF TRANSPORTATION › Chapter 5 - FINANCE › Subchapter A - ETHICS REQUIREMENTS FOR FINANCIAL ADVISORS AND SERVICE PROVIDERS › Section 5.3 - General Ethical Standards

Current through Reg. 49, No. 28; July 12, 2024
(a) Financial
				  advisors and service providers must comply with the standards of conduct and
				  conflict of interest provisions of Government Code, Chapter 572 and the
				  provisions of Penal Code, Chapters 36 and 39 that are applicable to a state
				  officer or employee.
(b) Financial
				  advisors and service providers who are members of professional organizations
				  that have promulgated standards of conduct must comply with those standards,
				  and with other applicable ethics codes and standards of conduct. Financial
				  advisors and service providers must also comply with the Code of Ethics and
				  Standards of Professional Conduct of the Association for Investment Management
				  and Research.
(c) Financial
				  advisors and service providers must be honest in providing services and advice
				  to the commission and the department, and loyal to the interests of the
				  commission and the department to the extent that conflicting duties do not
				  legally have priority. Financial advisors and service providers shall avoid
				  personal, employment, or business relationships that create conflicts of
				  interest, and shall disclose any conflicts of interest in the manner prescribed
				  in §
										5.4 of this
				  subchapter.
(d) Financial advisors
				  and service providers shall not use nonpublic information gained through a
				  relationship with the commission or the department to seek or obtain personal
				  gain beyond agreed compensation and any authorized expense
				  reimbursement.
(e) Financial
				  advisors and service providers shall disclose in writing to the executive
				  director any business or financial transaction greater than $50 in value with a
				  member of the commission or a department employee within 10 days of the
				  transaction. This obligation does not apply to a financial account that is
				  provided to a member of the commission or a department employee under the same
				  terms and conditions as are provided to members of the general
				  public.