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.
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