UPPS No. 05.05.02
Issue No. 7
Effective Date: 11/09/2015
Next Review Date: 10/01/2018 (E3Y)
Sr. Reviewer: Director, Facilities Management
This policy establishes procedures for determining eligibility of employees (regular, non-regular, faculty, and student) to drive state-owned or rented vehicles and the responsibilities associated with this screening process.
Unscreened Texas State University employees or those who fail to meet the minimum criteria outlined in this policy may not drive a university vehicle based on Section 521.459 of the Transportation Code:
"Before employing a person as a driver of a motor vehicle used to transport persons or property, an employer shall request from the Department of Public Safety:
a list of convictions for traffic violations contained in the department records on the potential employee; and
a verification that the person has a valid license."
A person may not employ a person as an operator of a motor vehicle used to transport persons or property who does not hold the appropriate driver’s license to operate the vehicle as provided by this Chapter.
University Vehicle - a vehicle owned or leased by Texas State for the purpose of transporting persons or property. For the purpose of this policy, the term does not apply to a vehicle rented by a Texas State employee in travel status primarily for the convenience of the employee.
Driver Selection Committee - a committee composed of the director of Environmental Health, Safety and Risk Management and the chief of University Police to provide guidance for the driver selection program.
PROCEDURES FOR HIRING EMPLOYEES (REGULAR, NON-REGULAR, AND FACULTY) RESPONSIBLE FOR DRIVING VEHICLES
The university will review the driving records of all prospective employees whose job duties will require driving university vehicles. Applicants must have a valid Texas driver’s license or the ability to obtain one within 90 days of hire, and have nine or less penalty points under the system set forth in the Drivers Selection Program Penalty Point System.
When the university seeks to fill a position that requires the operation of a university vehicle, it will so state in its advertisements for that position as identified by the department head completing the Personnel Requisition in the EASY system. The GOJA for that position will include the provision that driving a university vehicle is a requirement of that position.
The department head will ask the applicant during the interview about his or her driving record and explain the university policy.
Department heads may not hire an individual whose driving record fails to meet the criteria stated in Section 03.01 and whose duties require driving a university vehicle.
Department heads will also request a motor vehicle record check for any applicant that may occasionally operate a vehicle. If the individual fails to pass the criteria in Section 03.01, he or she may not drive a university vehicle.
Department heads will direct the request to the director, Facilities Management who will request the driving records from the Texas Department of Public Safety (DPS).
Department heads appeal, in writing, a decision to deny a job applicant driving privileges to the vice president for Finance and Support Services (VPFSS).
PROCEDURES FOR HIRING STUDENT EMPLOYEES RESPONSIBLE FOR DRIVING UNIVERSITY VEHICLES
Department heads must request a motor vehicle record check for student employees before allowing them to operate a university vehicle.
Department heads will direct the request to the director, Facilities Management who will request the driving records from the Texas DPS.
Applicants must have a valid Texas driver’s license or the ability to obtain one within 90 days of hire, and have nine or less penalty points under the system set forth in the Drivers Selection Program Penalty Point System.
Graduate assistants (including research, teaching and instructional) holding an out-of-state license, who do not wish to get a Texas license, may request a motor vehicle record from their home state as proof that they meet the criteria to operate a university vehicle.
PROCEDURES FOR REVIEW OF DRIVING RECORDS FOR UNIVERSITY EMPLOYEES
A university employee may only drive a university vehicle if he or she (1) has a valid Texas driver’s license, and (2) has nine or less penalty points under the system set forth in the Drivers Selection Program Penalty Point System.
The university may discharge an employee or student employee whose duties require driving a university vehicle if that employee fails to maintain either of the criteria established in Section 05.01.
The director, Facilities Management will annually review the driving records of employees whose job duties require driving university vehicles to confirm that the employees are eligible under the standards in Section 05.01 and will forward a list of ineligible drivers to the director, Environmental Health, Safety and Risk Management.
The director, Facilities Management will notify department heads, in writing or by electronic mail, of the employees or student employees who have reached the 10 point limit (see the Drivers Selection Program Penalty Point System).
Department heads may appeal, in writing, a decision to deny a job applicant driving privileges to the VPFSS.
Department heads will request motor vehicle record checks for applicants scheduled for job interviews when the university designates that position as driving intensive.
The director, Facilities Management will:
request driving records from the Texas DPS;
review employee driving records for violations on an annual basis, and immediately notify the appropriate department head of any employee who no longer meets the requirements of Section 05.01. The annual records check will occur on the month following the birth month of the employee;
send a memorandum, in May of each year, to department heads, listing current approved drivers, summarizing the policy and reminding them of their duties associated with employees who drive university vehicles;
recommend driver approval or disapproval to the Driver Selection Committee based on the point system described in the Drivers Selection Program Penalty Point System; and
maintain a current list of all employees authorized to operate a university vehicle.
The office of Human Resources will include the following in job postings for positions requiring the driving of university vehicles: “Must have a valid Texas driver’s license or the ability to obtain one within 90 days of hire and be a driver in good standing with nine or fewer points deducted for driving infractions as determined by the Texas State driving standards system. A driving record check will be performed on the selected applicant.”
The driver must notify his or her supervisor immediately of any suspension of driving privileges by the state of Texas or a court of this state and immediately cease driving university vehicles on- or off-campus. Failure to do so may result in disciplinary action, including but not limited to, termination.
The Driver Selection Committee will provide guidance on the driver selection program, and review and make recommendations on appeals submitted to the VPFSS.
REVIEWERS OF THIS UPPS
Reviewers of this UPPS include the following:
Position Date Director, Facilities Management October 1 E3Y Chief, University Police Department October 1 E3Y Assistant Vice President for Human Resources October 1 E3Y Director, Environmental Health, Safety and Risk Management October 1 E3Y
This UPPS has been approved by the following individuals in their official capacities and represents Texas State policy and procedure from the date of this document until superseded.
Director, Facilities Management; senior reviewer of this UPPS
Associate Vice President for Facilities
Vice President for Finance and Support Services