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__.B.ANo.A_____
C.S.__.B.ANo.A_____
A BILL TO BE ENTITLED
AN ACT
1
2
relating
to
transportation
network
companies;
imposing
civil penalty.
SECTIONA1.AASubtitle
Title
14,
Occupations
Code,
is
SUBCHAPTER A.
9
10
C,
and
GENERAL PROVISIONS
Sec.A2402.001.AADEFINITIONS.
In this chapter:
11
12
13
Vehicles.
14
(3)AA"Digital
network"
means
any
online-enabled
15
16
17
18
19
20
21
22
23
24
84R22029 JTS-F
network
company"
means
corporation,
sole
proprietorship,
(6)AA"Transportation
8
9
partnership,
network
or
other
entity
driver"
means
an
individual who:
(A)AAreceives
10
network
connections
riders
and
to
related
potential
11
transportation
services
from
12
13
14
15
16
17
18
(7)AA"Transportation
network
rider"
means
company s
an
19
individual
20
network
21
22
23
to
who
uses
connect
transportation
with
network
transportation
(8)AA"Transportation
network
network
digital
driver
services"
who
means
24
25
26
27
84R22029 JTS-F
the driver transports the rider, and ending at the time the last
limousine,
or
other
similar
for-hire
10
to
be
not
common
carriers,
contract
carriers,
or
12
(A)AAtaxicab,
13
14
authorized
11
vehicle
The
limousine,
or
similar
for-hire
service; or
(B)AAstreet hail service.
15
16
17
18
(A)AAdoes
not
control,
direct,
or
manage
19
20
network; and
21
22
(B)AAdoes
25
own,
control,
operate,
or
manage
23
24
not
(2)AAis
not
taxicab
company
or
for-hire
vehicle
owner.
Sec.A2402.003.AACONTROLLING AUTHORITY.
(a) Notwithstanding
26
27
84R22029 JTS-F
chapter and any rules adopted by the board under this chapter.
tax
on
or
require
license
for
or
(2)AAsubject
transportation
network
company
or
10
11
12
services at an airport.
(c)AAThis
13
chapter
does
not
prohibit
municipality
from
14
15
the
16
Section
17
drivers.
electronic
18
clearinghouse
411.0845,
Government
and
subscription
Code,
Sec.A2402.004.AADRIVER
AS
for
service
transportation
COMMERCIAL
under
network
TRANSPORTATION
19
COMPANY.
20
21
Code.
transportation
22
network
SUBCHAPTER B.
23
Sec.A2402.051.AAPERMIT
driver
is
commercial
PERMIT REQUIRED
REQUIRED.
(a)
person
may
not
24
25
26
27
meets
the
84R22029 JTS-F
requirements
of
this
chapter
and
pays
the
fee
Vehicles fund.
Sec.A2402.053.AAPERMIT APPLICATION.
8
9
transportation
by
company
be
form
12
13
applicant
requirements
shall
notify
of
the
must
information
the
application
on
11
meets
The
must
prescribed
that
department.
permit
10
14
the
network
this
include
chapter
department
of
and
any
15
16
later than the 10th calendar day after the date the change occurs.
17
The
18
material changes.
19
department
shall
prescribe
Sec.A2402.054.AATERM;
form
RENEWAL.
(a)
for
the
permit
disclosure
issued
of
under
20
this chapter is valid for two years. The department shall prescribe
21
22
permit.
23
24
under this chapter of the date of permit expiration and the amount
25
of the fee required for permit renewal. The department shall send
26
the notice not later than the 30th day before the date of the permit
27
expiration.
84R22029 JTS-F
Sec.A2402.101.AAAGENT.
2
3
transportation
Sec.A2402.102.AAFARES.
company
transportation
network
company
method
within
company s
calculation
the
software
application
9
10
transportation
11
rider with:
network
driver s
personal
vehicle,
provide
the
12
13
network
4
5
service; and
(B)AAthe option to receive an estimated fare.
14
15
The
16
17
18
19
20
21
22
Sec.A2402.104.AAELECTRONIC
RECEIPT.
Within
reasonable
23
24
network
25
company
shall
transmit
an
electronic
receipt
26
27
84R22029 JTS-F
to
the
Sec.A2402.105.AAINSURANCE.
companies
and
requirements
transportation
transportation
USE.
transportation
network
driver
(A)AAis
10
from
using
providing
or
being
under
transportation
the
network
services; or
(B)AAis logged on to the transportation network
12
13
company s
14
15
network
11
for
5
6
network
Insurance
digital
network
but
is
not
providing
transportation
16
17
(B)AAprocedures
to
report
complaint
about
18
driver with whom a transportation network rider was matched and who
19
the rider reasonably suspects was using or was under the influence
20
21
22
23
24
25
an
investigation
into
the
reported
incident; and
(2)AAimmediately
suspend
the
transportation
network
26
27
the investigation.
84R22029 JTS-F
(c)AAThe
transportation
network
company
shall
maintain
7
8
the
company,
which
must
include
information
regarding
the
10
11
12
13
national
criminal
background
14
15
16
multijurisdiction
17
validation; and
criminal
check
for
each
commercial
records
individual
that
multistate
locator
with
primary
and
source
18
19
20
agency; and
21
22
23
as
24
individual who:
25
transportation
network
driver
on
its
digital
network
an
26
27
84R22029 JTS-F
three-year period; or
(B)AAone
2
3
arrest
(ii)AAreckless
in
the
or
detention
under
driving
under
Section
without
valid
driver s
10
11
offenses
8
9
following
(i)AAevading
6
7
the
4
5
of
with
an
invalid
driver s
12
13
14
Penal Code;
(3)AAhas been convicted at any time of:
15
16
(A)AAfraud;
17
18
19
(i)AAa felony;
20
21
(iii)AAtheft;
22
23
(v)AAan
24
offense
of
terroristic
threat; or
25
(D)AAan
26
27
making
offense
listed
in
Section
3g(a)(1),
84R22029 JTS-F
database;
(6)AAdoes
not
possess
proof
of
registration
or
Sec.A2402.108.AAVEHICLE
network
company
SAFETY
AND
EMISSIONS.
shall
require
transportation
10
11
12
may
accept
only
rides
booked
that
each
motor
A transportation network
13
driver
14
15
16
through
transportation
17
18
from
19
network
transportation
network
20
Payment
21
22
using
23
software application.
24
transportation
drivers
the
of
network
the
riders
prohibition.
transportation
Sec.A2402.111.AANO
network
and
A
notify
company s
DISCRIMINATION;
transportation
digital
network
ACCESSIBILITY.
25
transportation
26
27
(b)AAA
84R22029 JTS-F
network
company
transportation
shall
network
10
adopt
driver
policies
shall
or
(a)
concerning
follow
all
policies
nondiscrimination
and
accessibility
that
3
4
concerning
transportation
network
company
may
not
impose
transportation
network
company
shall
provide
10
11
network
12
13
to
14
available.
an
company
is
alternate
unable
provider
of
to
arrange
wheelchair-accessible
wheelchair-accessible
service,
if
15
16
the
17
18
that a driver may refuse a request for a ride that is farther than 30
19
20
provision
of
transportation
Sec.A2402.112.AAACCESSIBLE
network
services
TRANSPORTATION;
based
on
SURCHARGE.
the
(a)
21
22
23
and
24
25
26
the
27
other
for-hire
comptroller
84R22029 JTS-F
and
vehicle
companies
administered
11
by
the
that
do
not
department
to
provide
provide
limousine
wheelchair-accessible service.
and
other
for-hire
vehicle
companies
that
provide
10
11
later
with
than
any
January
1,
2017,
transportation
the
network
department,
company
in
12
conjunction
13
14
15
16
17
18
(3)AAthe
19
(4)AAother
21
developing
22
companies.
24
25
26
27
response
time
for
providing
the
services; and
20
23
average
that
public
information
policy
useful
related
Sec.A2402.113.AARECORDS.
to
to
the
legislature
transportation
in
network
shall maintain:
(1)AAindividual
trip
records
for
at
least
one
year
84R22029 JTS-F
network
12
driver
records
at
least
ended.
Sec.A2402.114.AAPERSONALLY IDENTIFIABLE INFORMATION.
(a)
network
party unless:
rider s
personally
identifiable
information
to
third
10
11
12
service; or
(B)AAinvestigate violations of those terms.
13
(b)AAIn
14
addition
disclosures
17
transportation
18
19
rider
20
communication
21
driver.
network
driver
transportation
between
22
the
network
providing
network
rider
and
company
transportation
driver
the
may
under
16
23
transportation
authorized
Subsection
the
the
15
by
(a),
to
or
to
share
network
facilitate
transportation
network
SUBCHAPTER D. ENFORCEMENT
Sec.A2402.151.AARECORD AUDITS.
24
25
26
27
(2)AAa
84R22029 JTS-F
random
sample
13
of
the
transportation
network
transportation
network
company
whose
place
of
5
6
and
the
department
agree
on
the
location; and
(2)AAthe
7
8
company
company
agrees
to
reimburse
the
department
for:
(A)AAnecessary travel expenses; and
10
11
that
an
inspection
12
conducted.
or
investigation
related
to
the
records
is
13
14
15
Section
16
17
552, Government Code, and the department does not have a right of
18
19
20
21
2402.107
or
transportation
network
riders
personally
22
23
24
25
26
27
hearing
84R22029 JTS-F
under
this
14
chapter
must
be
held
by
an
Hearings.
(d)AAAn
administrative
law
judge
has
all
of
the
board s
(1)AAhold a hearing;
(2)AAadminister an oath;
10
witness;
11
12
13
14
temporary injunction;
15
16
(8)AAissue
17
18
proposal
for
decision
and
recommend
final order.
Sec.A2402.153.AADISCIPLINARY
ACTION;
CIVIL
PENALTY.
(a)
19
The department, after notice and opportunity for hearing, may deny
20
21
22
23
24
board rules;
25
26
27
84R22029 JTS-F
15
2
3
board, after notice and opportunity for hearing, may request that
violation of this chapter and board rules and each day a violation
10
11
Each act in
12
13
14
15
16
violation;
17
18
19
20
and
21
22
23
state
24
Vehicles fund.
25
treasury
to
the
credit
of
Sec.A2402.154.AACOMPLAINT
the
Texas
PROCEDURE
Department
AND
NOTICE.
of
Motor
(a)
maintain
26
transportation
27
84R22029 JTS-F
network
company
shall
16
establish
and
complaint
with
the
department
about
the
company,
the
5
6
of
the
complaint
procedure
provided
by
this
section
to
each
10
11
12
13
14
15
16
17
18
19
SUBCHAPTER A.
20
GENERAL PROVISIONS
Sec.A1954.001.AADEFINITIONS.
21
22
Code:
23
(1)AA"digital network";
24
(2)AA"personal vehicle";
25
26
27
84R22029 JTS-F
17
Sec.A1954.002.AAAPPLICABILITY
OF
CHAPTER.
This
chapter
INSURANCE REQUIREMENTS
Sec.A1954.051.AAGENERAL
INSURANCE
REQUIREMENT.
(a)
10
11
12
transportation
network
13
14
15
driver
driver
is
to
use
logged
on
personal
to
the
vehicle
to
transportation
16
17
or
18
19
(2)AAthe
driver
is
providing
transportation
network
20
21
22
state,
23
Code.
24
25
26
27
including
(d)AAThe
this
subtitle
coverage
and
requirements
Chapter
of
601,
this
Transportation
subchapter
may
be
satisfied by:
(1)AAautomobile
insurance
84R22029 JTS-F
18
maintained
by
the
(2)AAautomobile
1
2
insurance
maintained
by
the
3
4
Sec.A1954.052.AAINSURANCE REQUIREMENTS:
SERVICES.
10
11
providing
12
transportation
(1)AAthe
13
14
25
liability
for
damage
to
or
destruction
of
23
24
of
21
22
amounts
automobile
19
20
minimum
the
17
18
following
services,
insurance coverage:
15
16
network
(3)AApersonal
injury
protection
coverage
where
REQUIREMENTS:
WHILE
PROVIDING
26
SERVICES.
27
84R22029 JTS-F
19
of $1 million for death, bodily injury, and property damage for each
incident;
(2)AAuninsured or underinsured motorist coverage where
5
6
coverage
where
If an
7
8
9
injury
protection
10
insurance
policy
maintained
by
transportation
network
driver
11
under this subchapter has lapsed or does not provide the coverage
12
13
14
15
16
17
transportation
18
transportation
19
20
network
network
company
driver s
is
not
personal
contingent
automobile
Sec.A1954.056.AAFINANCIAL RESPONSIBILITY.
21
satisfying
22
financial
23
the
requirements
responsibility
of
this
requirement
(a)
subchapter
for
an
on
insurer
Insurance
satisfies
automobile
the
under
24
25
26
27
84R22029 JTS-F
20
In the event of
peace
Code.
interested
officer
on
request
under
Section
601.053,
Transportation
automobile
insurer,
and
investigating
peace
If
10
11
claim
12
13
14
15
covered vehicle.
16
SUBCHAPTER C.
covered
under
comprehensive
or
collision
coverage,
the
17
DRIVER
18
Sec.A1954.101.AAREQUIRED
DISCLOSURES.
Before
19
transportation
20
transportation
21
22
the following:
23
network
network
(1)AAthe
driver
may
services
on
insurance
accept
a
policy,
request
transportation
including
the
for
network
types
of
24
coverage and the limits for the policy, that the company provides
25
while
26
27
driver
uses
personal
vehicle
in
connection
with
the
84R22029 JTS-F
21
insurance
vehicle
10
any
issued
loss
or
to
an
injury
owner
that
or
occurs
operator
of
while
transportation
personal
11
12
policy
(a)
digital network; or
13
14
15
16
17
18
19
damage;
(2)AApersonal
injury
protection
coverage
under
20
21
22
23
24
(c)AAAn
exclusion
authorized
25
notwithstanding
26
27
financial
under
this
responsibility
section
applies
requirement
under
84R22029 JTS-F
22
5
6
personal
automobile
10
(2)AAthe
policy
is
to
logged
cover
on
to
transportation
transportation
driver
is
providing
transportation
network
services; or
(3)AAthe driver otherwise uses a vehicle to transport
13
14
AUTOMOBILE
11
12
driver
PERSONAL
insurance
(1)AAthe
(a)
UNDER
15
16
17
18
(a)
An
19
automobile
20
policy
21
22
23
insurer
that
that
includes
(b)AAAn
issues
an
automobile
personal
exclusion
insurer
from
that
automobile
coverage
defends
or
insurance
authorized
indemnifies
by
24
25
excluded
26
27
under
84R22029 JTS-F
the
terms
of
the
23
policy
as
authorized
by
this
coverage
applicable.
requirements
under
Section
1954.052
or
1954.053,
as
In an
network
include:
driver.
Information
provided
under
this
section
must
10
11
12
12-hour
13
period
immediately
preceding
and
the
12-hour
period
14
15
16
under Subchapter B.
17
84R22029 JTS-F
24