Controlled Substance and Alcohol Use and Testing

Overview

This section is intended to provide controlled substance and alcohol testing guidance for employers of individuals that are required to possess a commercial driver’s license to operate a commercial motor vehicle, such as a school bus, school activity bus, and multifunction school activity bus.

Texas independent school districts are exempt from the Federal Motor Carrier Safety Regulations (FMCSR) with the exception of Part 382 (Controlled Substances and Alcohol Use and Testing).  49 CFR Part 382 applies to every person and to all employers of such persons who operate a commercial motor vehicle in commerce in any State, and is subject to commercial driver’s license requirements.

The purpose of these tests is to establish programs designed to help prevent accidents and injuries resulting from the misuse of alcohol or use of controlled substances by drivers of commercial motor vehicles.

A Texas Motor Carrier’s Guide to Highway Safety (PDF)
The Department’s Commercial Vehicle Enforcement Service has published guidance paraphrasing the FMCSR’s including 49 CFR Part 382 as it’s applicable to school bus operations.

• Part 382 Alcohol and Drug Testing (PDF)

Federal DOT Regulations

• Part 40 – Procedures for Transportation Workplace Drug and Alcohol Testing Programs
• Part 382 – Controlled Substances and Alcohol Use and Testing

Texas Regulation and Reporting of Positive Drug and Alcohol Tests

• TRC 644.252 Report of Refusal and Certain Results
• 37 TAC 4.21 Reports of Valid Positive Results on Alcohol and Drug Tests
• Report of Valid Positive Result on Alcohol Test Under TRC 644.252 (PDF)
• Report of Valid Positive Result on Drug Test Under TRC 644.252 (PDF)