Texas Administrative Code

(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 …

(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) Afte…

(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 compens…

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. Notes 43 Tex. Admin. Code …

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 th…

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 immedi…

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, an…

(a) Restrictions. (1) An employee or an employee's immediate family must have a catastrophic illness or injury to be eligible to withdraw from the pool. The patient's health care provider must certify in writing that the illness or injury of the employee or member of the employee…

(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 empl…

(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 tim…

(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 suf…

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. Notes 43 Tex. Ad…

The following words and terms, when used in the sections under this subchapter, shall have the following meanings, unless the context clearly indicates otherwise. (1) Catastrophic illness or injury--A severe condition or combination of conditions affecting the mental or physical …

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 s…

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. N…

(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 i…

(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 crew…

(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 …

(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 m…

(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 emplo…

(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 p…

(a) Termination for refusal. An employee who refuses to test will be terminated from the department. (b) Characterization of refusal. An employee will be considered to have refused to test under any of the following circumstances. (1) The employee explicitly declines to take a re…

(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. A…

(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 violat…

(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 f…

(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…

(a) Distribution. An employee will be terminated from the department if convicted of a criminal drug violation relating to the sale, distribution, dispensing, transportation, or manufacture of drugs, whether in the workplace or outside the workplace. A final applicant will not be…

(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, possessi…

(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 …

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 isop…

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 depar…

(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 whi…

(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 State…

(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 …

(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 co…

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 s…

(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 acco…

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…

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. Notes 43 Tex. Admin. Code § 4.14 The provisions of this §4.14 adopted to be effec…

(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 dep…

In this subchapter, "department" means the Texas Department of Transportation. Notes 43 Tex. Admin. Code § 4.11 The provisions of this §4.11 adopted to be effective April 23, 1996, 21 TexReg 3220; Adopted by Texas Register, Volume 47, Number 30, July 29, 2022, TexReg 4560 , eff. …

It is the policy and practice of the Texas Transportation Commission and the Texas Department of Transportation to ensure and promote internal and external equal employment opportunity and to use affirmative action to achieve these ends. In keeping with this policy and with the r…

(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 t…

(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 administr…

(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 documen…

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. Notes 43 Tex. Admin. Code § 4.78 Adopted by Texas Register, Volume 47, Number 30, July 29, 2022, TexReg 4560 , eff. 8/1/2022

(a) The Commission shall develop a formal application form to be included in the formal application process to assist in the evaluation of the grant submission. The application may require certain attachments and certifications. (b) At a minimum, the application for grant funds w…