43 TAC § 4.32. Department Actions Relating to Substance Abuse

(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.