SECTION 380.502. Standards for Motor Vehicle Operators

For any motor vehicle operator providing or seeking to provide transportation services, the regional contracted broker or a managed transportation organization (MTO) must:

(1) verify that the motor vehicle operator has a valid driver's license. A motor vehicle operator without a valid driver's license may not provide transportation services under the MTP;

(2) check the driving record information of the motor vehicle operator that is maintained by the Department of Public Safety (DPS) under Chapter 521, Subchapter C, Transportation Code. A motor vehicle operator who does not meet driving history requirements as specified in the contract between the Health and Human Services Commission (HHSC) and the regional contracted broker or MTO may not provide transportation services under the MTP;

(3) check the public criminal record information of the motor vehicle operator that is maintained by DPS and made available to the public through the DPS website. A motor vehicle operator who does not meet criminal history requirements as specified in the contract between HHSC and the regional contracted broker or MTO may not provide transportation services under the MTP. Specifically, a regional contracted broker or an MTO must:

(A) ensure motor vehicle operators do not have any findings by a law enforcement authority of driving while intoxicated or under the influence of any substance that may impair their ability to safely operate a motor vehicle within seven years prior to the initial hire date or any time after the hire date. Any motor vehicle operator who is convicted of these offenses after the hire date is immediately ineligible to provide transportation services for a period of seven years after the date of conviction;

(B) ensure motor vehicle operators do not have more than one moving violation either on or off the job within a 12-month time period;

(C) ensure motor vehicle operators do not have a felony or misdemeanor conviction within seven years of the initial hire date or any time after the hire date of:

(i) an act of abuse, neglect or exploitation of children, the elderly or persons with disabilities as defined in Texas Family Code, as amended, Chapter 261 and Texas Human Resources Code, as amended, Chapter 48;

(ii) an offense under the Texas Penal Code, as amended, against the person; against the family; against public order or decency; against public health, safety or morals; against property; or

(iii) an offense under Chapter 481 of the Texas Health and Safety Code, as amended, (Texas Controlled Substances Act); and

(D) ensure that motor vehicle operators have not been convicted or found liable for an act prohibited by Chapter 36 of the Texas Human Resources Code (Medicaid Fraud Prevention); and

(4) require all motor vehicle operators to receive training on the following topics:

(A) passenger safety (training to occur at least annually);

(B) passenger assistance (training to occur at least annually);

(C) assistive devices, including wheelchair lifts, tie-down equipment, and child safety seats (training to occur at least annually);

(D) non-discrimination, sensitivity, and diversity;

(E) customer service;

(F) defensive driving techniques (training to occur at least every two years);

(G) prohibited behavior by motor vehicle operators, including use of offensive language, use of tobacco, alcohol or drugs, and sexual harassment; and

(H) any other additional training HHSC determines to be necessary.

Source Note: The provisions of this §380.502 adopted to be effective August 6, 2013, 38 TexReg 4888; amended to be effective September 1, 2014, 39 TexReg 5731