A contract carrier transporting operating employees of a railroad in vehicles designed to carry 15 passengers or less, as described in Texas Transportation Code, §644.054(a), as well as a driver of any such vehicle, are both subject to the following regulations.
  (1) A driver may not operate a vehicle subject to this section for more than 12 hours in a day and must obtain adequate rest in the same manner as is described in §4.12(a)(2) of this title (relating to Exemptions and Exceptions). This driver must comply with all other requirements described in Title 49, Code of Federal Regulations, Part 395.
  (2) A driver operating a vehicle subject to this section must comply with Title 49, Code of Federal Regulations, Part 40 and Part 382, relating to USDOT drug and alcohol testing, regardless of whether this driver is a holder of a commercial driver's license.
    (A) A valid positive result, whether from a refusal or from a determination of a medical review officer, will be reported to the department's valid positive results database as if the driver were a holder of a commercial driver's license.
    (B) A driver who commits prohibited conduct under Title 49, Code of Federal Regulations, Part 382, Subpart B is prohibited from driving a vehicle subject to this section. A driver prohibited under this subsection may remove the prohibition by completing a return-to-duty process as described by Title 49, Code of Federal Regulations, Part 40, Subpart O.
  (3) A contract carrier subject to this section must, at a minimum, maintain liability insurance in the amount of $1.5 million for each vehicle, unless a higher amount is required by another law. Whenever a vehicle is detained under Texas Transportation Code, §644.103, or premises are inspected under Texas Transportation Code, §644.104, the contract carrier must present the officer or the employee of the department proof of minimum liability insurance.

Source Note: The provisions of this §4.22 adopted to be effective February 25, 2010, 35 TexReg 1471