84R22029 JTS-F
By: Paddie, Larson, Kuempel, H.B. No. 2440
Rodriguez of Bexar, Fletcher, et al.
Substitute the following for H.B. No. 2440:
By: Pickett C.S.H.B. No. 2440
A BILL TO BE ENTITLED
AN ACT
relating to transportation network companies; imposing and
authorizing fees; requiring an occupational permit; authorizing a
civil penalty.
BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
SECTION 1. Subtitle C, Title 14, Occupations Code, is
amended by adding Chapter 2402 to read as follows:
CHAPTER 2402. TRANSPORTATION NETWORK COMPANIES
SUBCHAPTER A. GENERAL PROVISIONS
Sec. 2402.001. DEFINITIONS. In this chapter:
(1) "Board" means the board of the department.
(2) "Department" means the Texas Department of Motor
Vehicles.
(3) "Digital network" means any online-enabled
application, software, website, or system offered or used by a
transportation network company that enables the prearrangement of a
ride with a transportation network driver.
(4) "Personal vehicle" means a vehicle that is used by
a transportation network driver and is:
(A) owned, leased, or otherwise authorized for
use by the driver; and
(B) not a taxicab, limousine, or similar for-hire
vehicle.
(5) "Transportation network company" means a
corporation, partnership, sole proprietorship, or other entity
operating in this state that uses a digital network to connect a
transportation network rider to transportation network services
provided by a transportation network driver. The term does not
include an entity arranging nonemergency medical transportation
under a contract with the state or a managed care organization for
individuals qualifying for Medicaid or Medicare.
(6) "Transportation network driver" means an
individual who:
(A) receives connections to potential
transportation network riders and related services from a
transportation network company in exchange for payment of a fee to
the company; and
(B) uses a personal vehicle to offer or provide
transportation network services to a transportation network rider
on connection with the rider through a digital network controlled
by the company in exchange for compensation or payment of a fee.
(7) "Transportation network rider" means an
individual who uses a transportation network company's digital
network to connect with a transportation network driver who
provides transportation network services to the individual in the
driver's personal vehicle between points chosen by the individual.
(8) "Transportation network services" means
transportation provided by a transportation network driver to a
transportation network rider, beginning at the time the driver
accepts a ride requested by the rider through a digital network
controlled by a transportation network company, continuing while
the driver transports the rider, and ending at the time the last
requesting rider departs from the driver's personal vehicle. The
term does not include transportation provided using a taxicab,
limousine, or other similar for-hire vehicle authorized to be
licensed under Section 215.004, Local Government Code, or Section
22.081, Transportation Code.
Sec. 2402.002. NATURE OF TRANSPORTATION NETWORK COMPANIES,
DRIVERS, AND VEHICLES. (a) Transportation network companies and
transportation network drivers:
(1) are not common carriers, contract carriers, or
motor carriers; and
(2) do not provide:
(A) taxicab, limousine, or similar for-hire
service; or
(B) street hail service.
(b) A transportation network company:
(1) except as agreed by written contract:
(A) does not control, direct, or manage a
transportation network driver who connects to the company's digital
network; and
(B) does not own, control, operate, or manage
personal vehicles used by transportation network drivers; and
(2) is not a taxicab company or for-hire vehicle
owner.
Sec. 2402.003. CONTROLLING AUTHORITY. (a) Notwithstanding
any other provision of law, transportation network companies and
transportation network drivers are governed exclusively by this
chapter and any rules adopted by the board under this chapter.
Except as provided by Subsection (b) or (c), a municipality or other
local entity may not:
(1) impose a tax on or require a license for a
transportation network company or a transportation network driver;
or
(2) subject a transportation network company or
transportation network driver to the municipality's or other local
entity's rate, entry, operational, or other requirements.
(b) This chapter does not supersede a municipal, county, or
other local government regulation regarding transportation network
services at an airport.
(c) This chapter does not prohibit a municipality from
requiring by ordinance a transportation network company to access
the electronic clearinghouse and subscription service under
Section 411.0845, Government Code, for transportation network
drivers.
Sec. 2402.004. DRIVER AS COMMERCIAL TRANSPORTATION
COMPANY. A transportation network driver is a commercial
transportation company for the purposes of Chapter 660, Government
Code.
SUBCHAPTER B. PERMIT REQUIRED
Sec. 2402.051. PERMIT REQUIRED. (a) A person may not
operate a transportation network company in this state without
obtaining and maintaining a permit issued by the department.
(b) The department shall issue a permit to each applicant
that meets the requirements of this chapter and pays the fee
required by Section 2402.052.
Sec. 2402.052. FEE. (a) A transportation network company
must pay a fee of $115,000 annually to the department to maintain a
permit under this chapter.
(b) A fee collected by the department under this section
shall be deposited to the credit of the Texas Department of Motor
Vehicles fund.
Sec. 2402.053. PERMIT APPLICATION. (a) An application for
a transportation network company permit must be on a form
prescribed by the department. The application must include
information that meets the requirements of this chapter and
information the board by rule determines is necessary to determine
the applicant's qualifications to adequately serve the public.
(b) The applicant shall notify the department of any
material change in the information included in an application not
later than the 10th calendar day after the date the change occurs.
The department shall prescribe a form for the disclosure of
material changes.
Sec. 2402.054. TERM; RENEWAL. (a) A permit issued under
this chapter is valid for two years. The department shall prescribe
the form and requirements necessary to apply for a renewal of a
permit.
(b) The department shall notify each person holding a permit
under this chapter of the date of permit expiration and the amount
of the fee required for permit renewal. The department shall send
the notice not later than the 30th day before the date of the permit
expiration.
SUBCHAPTER C. OPERATION OF TRANSPORTATION NETWORK COMPANIES
Sec. 2402.101. AGENT. A transportation network company
shall maintain an agent for service of process in this state.
Sec. 2402.102. FARES. A transportation network company
charging a fare for its services shall:
(1) disclose to transportation network riders the fare
calculation method within the company's software application
service or on the company's Internet website; and
(2) before a transportation network rider enters the
transportation network driver's personal vehicle, provide the
rider with:
(A) the applicable rates being charged for the
service; and
(B) the option to receive an estimated fare.
Sec. 2402.103. IDENTIFICATION OF VEHICLES AND DRIVERS. The
transportation network company's software application or Internet
website must display, before a transportation network rider enters
the transportation network driver's personal vehicle:
(1) a picture of the transportation network driver;
and
(2) the vehicle's license plate number.
Sec. 2402.104. ELECTRONIC RECEIPT. Within a reasonable
period of time following the completion of a trip, a transportation
network company shall transmit an electronic receipt to the
transportation network rider that lists:
(1) the origin and destination of the trip;
(2) the total time and distance of the trip; and
(3) an itemization of the total fare paid, if any.
Sec. 2402.105. INSURANCE. Insurance requirements for
transportation network companies and transportation network
drivers are governed by Chapter 1954, Insurance Code.
Sec. 2402.106. ZERO-TOLERANCE POLICY FOR DRUG OR ALCOHOL
USE. (a) A transportation network company shall:
(1) implement a zero-tolerance policy that prohibits a
transportation network driver from using or being under the
influence of drugs or alcohol when the driver:
(A) is providing transportation network
services; or
(B) is logged on to the transportation network
company's digital network but is not providing transportation
network services; and
(2) post on its Internet website:
(A) notice of the policy; and
(B) procedures to report a complaint about a
driver with whom a transportation network rider was matched and who
the rider reasonably suspects was using or was under the influence
of drugs or alcohol during the course of the trip.
(b) On receipt of a complaint alleging a violation of the
zero-tolerance policy, the transportation network company shall:
(1) conduct an investigation into the reported
incident; and
(2) immediately suspend the transportation network
driver's access to the company's digital network for the duration of
the investigation.
(c) The transportation network company shall maintain
records relevant to a complaint for a period of at least two years
after the date the complaint is received.
Sec. 2402.107. DRIVER REQUIREMENTS. (a) Before allowing an
individual to act as a transportation network driver on its digital
network, a transportation network company shall:
(1) require the individual to submit an application to
the company, which must include information regarding the
individual's address, age, driver's license, driving history, motor
vehicle registration, motor vehicle liability insurance, and other
information required by the company;
(2) conduct, or have a third party conduct, a local and
national criminal background check for each individual that
includes the use of:
(A) a commercial multistate and
multijurisdiction criminal records locator with primary source
validation; and
(B) the national sex offender registry database
maintained by the United States Department of Justice or successor
agency; and
(3) obtain and review the individual's driving record.
(b) The transportation network company may not permit to act
as a transportation network driver on its digital network an
individual who:
(1) has been convicted of:
(A) more than three offenses classified by the
Department of Public Safety as moving violations in the preceding
three-year period; or
(B) one of the following offenses in the
preceding three-year period:
(i) evading arrest or detention under
Section 38.04, Penal Code;
(ii) reckless driving under Section
545.401, Transportation Code;
(iii) driving without a valid driver's
license under Section 521.025, Transportation Code; or
(iv) driving with an invalid driver's
license under Section 521.457, Transportation Code;
(2) has been convicted, in the preceding seven-year
period, of driving while intoxicated under Section 49.04 or 49.045,
Penal Code;
(3) has been convicted at any time of:
(A) fraud;
(B) a sexual offense;
(C) use of a motor vehicle to commit:
(i) a felony;
(ii) a crime involving property damage;
(iii) theft;
(iv) an act of violence; or
(v) an offense of making a terroristic
threat; or
(D) an offense listed in Section 3g(a)(1),
Article 42.12, Code of Criminal Procedure;
(4) is a match in the national sex offender registry
database;
(5) does not possess a valid driver's license;
(6) does not possess proof of registration or
financial responsibility for the motor vehicle used to provide
transportation network services; or
(7) is younger than 19 years of age.
Sec. 2402.108. VEHICLE SAFETY AND EMISSIONS. A
transportation network company shall require that each motor
vehicle that a transportation network driver will use to provide
transportation network services meets the requirements of Chapter
548, Transportation Code.
Sec. 2402.109. NO STREET HAILS. A transportation network
driver may accept only rides booked through a transportation
network company's digital network or software application service
and may not solicit or accept street hails.
Sec. 2402.110. NO CASH TRIPS. The transportation network
company shall prohibit solicitation or acceptance of cash payments
from transportation network riders and notify transportation
network drivers of the prohibition. A transportation network
driver may not solicit or accept cash payments from riders. Payment
for transportation network services may be made only electronically
using the transportation network company's digital network or
software application.
Sec. 2402.111. NO DISCRIMINATION; ACCESSIBILITY. (a) A
transportation network company shall adopt policies concerning
nondiscrimination that comply with state and federal law.
(b) A transportation network driver shall follow all
policies concerning nondiscrimination and accessibility that
comply with state and federal law.
(c) A transportation network driver shall comply with all
applicable laws relating to accommodation of service animals.
(d) A transportation network company may not impose
additional charges for providing services to persons with physical
disabilities because of those disabilities.
(e) A transportation network company shall provide
transportation network riders an opportunity to indicate whether
they require a wheelchair-accessible vehicle. If a transportation
network company is unable to arrange wheelchair-accessible
transportation network service, the company shall direct the rider
to an alternate provider of wheelchair-accessible service, if
available.
(f) A transportation network driver may not discriminate in
the provision of transportation network services based on the
geographic location of a departure point or destination, except
that a driver may refuse a request for a ride that is farther than 30
miles between the departure point and the destination.
Sec. 2402.112. ACCESSIBLE TRANSPORTATION; SURCHARGE. (a)
The department may impose a fee, not to exceed $10,000 annually, on
transportation network companies, taxicab companies, and limousine
and other for-hire vehicle companies that do not provide
wheelchair-accessible service and remit the fees to the comptroller
for deposit in a trust fund outside the state treasury to be held by
the comptroller and administered by the department to provide
grants to transportation network companies, taxicab companies, and
limousine and other for-hire vehicle companies that provide
wheelchair-accessible service.
(b) A grant distributed under Subsection (a):
(1) may be in an amount not to exceed $15,000; and
(2) may be distributed only to a company that meets a
minimum level of service as determined by board rule.
(c) The department shall implement a program in conjunction
with any transportation network company operating in Austin on
September 1, 2015, that desires to participate to conduct a pilot
project to offer services to persons with disabilities.
(d) Not later than January 1, 2017, the department, in
conjunction with any transportation network company that
participated in the pilot project, shall report to the public and
the legislature on the findings of the program implemented under
Subsection (c) regarding:
(1) the average fares for providing the services;
(2) costs incurred in providing the services;
(3) the average response time for providing the
services; and
(4) other information useful to the legislature in
developing public policy related to transportation network
companies.
Sec. 2402.113. RECORDS. A transportation network company
shall maintain:
(1) individual trip records for at least one year
after the date the trip was provided; and
(2) transportation network driver records at least
until the first anniversary of the date on which a transportation
network driver's activation on the company's digital network has
ended.
Sec. 2402.114. PERSONALLY IDENTIFIABLE INFORMATION. (a) A
transportation network company may not disclose a transportation
network rider's personally identifiable information to a third
party unless:
(1) the rider consents to the disclosure;
(2) disclosure is required by a legal obligation; or
(3) disclosure is required to:
(A) protect or defend the terms of use of the
service; or
(B) investigate violations of those terms.
(b) In addition to the disclosures authorized under
Subsection (a), a transportation network company may share a
transportation network rider's name or telephone number with the
transportation network driver providing transportation network
services to the rider to facilitate correct identification of the
rider by the transportation network driver or to facilitate
communication between the rider and the transportation network
driver.
SUBCHAPTER D. ENFORCEMENT
Sec. 2402.151. RECORD AUDITS. (a) The department may audit
the records of a transportation network company in connection with
the performance of its duties under this chapter through:
(1) investigations of specific alleged violations; or
(2) a random sample of the transportation network
company's records related to transportation network drivers.
(b) A transportation network company whose place of
business is located outside of this state may choose to make records
available at a location outside of this state if:
(1) the company and the department agree on the
location; and
(2) the company agrees to reimburse the department
for:
(A) necessary travel expenses; and
(B) a per diem as set by the state for each day
that an inspection or investigation related to the records is
conducted.
(c) Records maintained by a transportation network company
regarding transportation network driver background checks under
Section 2402.107 or transportation network riders' personally
identifiable information are not subject to release under Chapter
552, Government Code, and the department does not have a right of
access to those records for purposes of that chapter.
(d) Failure to provide records as required by this section
is a violation of this chapter.
Sec. 2402.152. HEARINGS. (a) A hearing arising under this
chapter or a board rule adopted under this chapter must be conducted
in accordance with this chapter, any order, decision, or rule of the
board, and Chapter 2001, Government Code.
(b) A hearing may be informally disposed of in accordance
with Chapter 2001, Government Code.
(c) A hearing under this chapter must be held by an
administrative law judge of the State Office of Administrative
Hearings.
(d) An administrative law judge has all of the board's
authority as provided by this chapter to conduct hearings arising
under this chapter, including the power to:
(1) hold a hearing;
(2) administer an oath;
(3) receive pleadings and evidence;
(4) issue a subpoena to compel the attendance of a
witness;
(5) compel the production of papers and documents;
(6) issue an interlocutory order, including a cease
and desist order in the form of a temporary restraining order or a
temporary injunction;
(7) make findings of fact and conclusions of law; and
(8) issue a proposal for decision and recommend a
final order.
Sec. 2402.153. DISCIPLINARY ACTION; CIVIL PENALTY. (a)
The department, after notice and opportunity for hearing, may deny
an application for a permit or suspend or revoke a permit if the
applicant or permit holder:
(1) makes a material misrepresentation or omission in
any application or other information filed under this chapter or
board rules;
(2) violates this chapter or a board rule or order;
(3) violates any law relating to the operation of a
transportation network company; or
(4) fails to maintain the qualifications for a permit.
(b) A proceeding under this section is subject to Chapter
2001, Government Code.
(c) In addition to the authority under Subsection (a), the
board, after notice and opportunity for hearing, may request that
the attorney general bring an action against a person that has
violated this chapter or board rules to collect a civil penalty in
an amount not to exceed $10,000 for each violation. Each act in
violation of this chapter and board rules and each day a violation
continues is a separate violation. In determining the amount of
the penalty, the board shall consider:
(1) the seriousness of the violation, including the
nature, circumstances, extent, and gravity of any prohibited act,
and the harm or potential harm to the safety of the public;
(2) the economic damage to the public caused by the
violation;
(3) the history of previous violations;
(4) the amount necessary to deter a future violation;
(5) efforts to correct the violation; and
(6) any other matter that justice may require.
(d) Notwithstanding any other law to the contrary, a civil
penalty recovered under this section shall be deposited in the
state treasury to the credit of the Texas Department of Motor
Vehicles fund.
Sec. 2402.154. COMPLAINT PROCEDURE AND NOTICE. (a) A
transportation network company shall establish and maintain a
complaint procedure through which any transportation network rider
or other person using the transportation network service may submit
a complaint with the department about the company, the
transportation network service, a transportation network driver,
or another affiliate of the company.
(b) A transportation network company shall provide notice
of the complaint procedure provided by this section to each
transportation network rider and to each person that contacts the
company to inquire about transportation network services.
(c) A transportation network company shall provide notice
of the complaint procedure under this section on each electronic
receipt required by Section 2402.104.
(d) The department shall approve the content and manner of
delivery of the notice required by Subsections (a), (b), and (c).
(e) Failure to provide notice as required by this section is
a violation of this chapter.
SECTION 2. Subtitle C, Title 10, Insurance Code, is amended
by adding Chapter 1954 to read as follows:
CHAPTER 1954. INSURANCE FOR TRANSPORTATION NETWORK DRIVERS
SUBCHAPTER A. GENERAL PROVISIONS
Sec. 1954.001. DEFINITIONS. In this chapter, the following
terms have the meanings assigned by Section 2402.001, Occupations
Code:
(1) "digital network";
(2) "personal vehicle";
(3) "transportation network company";
(4) "transportation network driver";
(5) "transportation network rider"; and
(6) "transportation network services".
Sec. 1954.002. APPLICABILITY OF CHAPTER. This chapter
applies to automobile insurance policies in this state, including
policies issued by a Lloyd's plan, a reciprocal or interinsurance
exchange, and a county mutual insurance company.
SUBCHAPTER B. INSURANCE REQUIREMENTS
Sec. 1954.051. GENERAL INSURANCE REQUIREMENT. (a) A
transportation network driver or transportation network company on
the driver's behalf shall maintain primary automobile insurance as
required by this subchapter.
(b) Insurance maintained under this subchapter must allow a
transportation network driver to use a personal vehicle to
transport transportation network riders for compensation and cover
the driver while:
(1) the driver is logged on to the transportation
network company's digital network as provided by Section 1954.052;
or
(2) the driver is providing transportation network
services as provided by Section 1954.053.
(c) Insurance maintained under this subchapter must comply
with the law applicable to personal automobile insurance in this
state, including this subtitle and Chapter 601, Transportation
Code.
(d) The coverage requirements of this subchapter may be
satisfied by:
(1) automobile insurance maintained by the
transportation network driver;
(2) automobile insurance maintained by the
transportation network company; or
(3) a combination of Subdivisions (1) and (2).
(e) Insurance required under this subchapter may be placed
with an automobile insurer authorized to engage in business in this
state or with an eligible surplus lines insurer.
Sec. 1954.052. INSURANCE REQUIREMENTS: WHEN NOT PROVIDING
SERVICES. At the time a transportation network driver is logged on
to the transportation network company's digital network and is
available to receive transportation network requests but is not
providing transportation network services, the automobile
insurance policy must provide:
(1) the following minimum amounts of liability
insurance coverage:
(A) $50,000 for bodily injury to or death for
each person in an incident;
(B) $100,000 for bodily injury to or death of a
person per incident; and
(C) $25,000 for damage to or destruction of
property of others in an incident;
(2) uninsured or underinsured motorist coverage where
required by Section 1952.101; and
(3) personal injury protection coverage where
required by Section 1952.152.
Sec. 1954.053. INSURANCE REQUIREMENTS: WHILE PROVIDING
SERVICES. At the time a transportation network driver is providing
transportation network services, the automobile insurance policy
must provide, at minimum:
(1) coverage with a total aggregate limit of liability
of $1 million for death, bodily injury, and property damage for each
incident;
(2) uninsured or underinsured motorist coverage where
required by Section 1952.101; and
(3) personal injury protection coverage where
required by Section 1952.152.
Sec. 1954.054. LAPSE OF OR INSUFFICIENT COVERAGE. If an
insurance policy maintained by a transportation network driver
under this subchapter has lapsed or does not provide the coverage
required by this subchapter, the transportation network company
shall provide the coverage required by this subchapter beginning
with the first dollar of a claim against the driver.
Sec. 1954.055. RELATION TO PERSONAL AUTOMOBILE INSURANCE.
Coverage under an automobile insurance policy maintained by the
transportation network company is not contingent on a
transportation network driver's personal automobile insurer
initially denying a claim.
Sec. 1954.056. FINANCIAL RESPONSIBILITY. (a) Insurance
satisfying the requirements of this subchapter satisfies the
financial responsibility requirement for an automobile under
Chapter 601, Transportation Code.
(b) A transportation network driver shall carry proof of
insurance that satisfies Sections 1954.052 and 1954.053 with the
driver when the driver uses a personal vehicle in connection with a
transportation network company's digital network. In the event of
an accident, a driver shall provide the proof of insurance to a
directly interested person, automobile insurer, and investigating
peace officer on request under Section 601.053, Transportation
Code. On request, a driver shall also disclose to a directly
interested person, automobile insurer, and investigating peace
officer whether, at the time of the accident, the driver was:
(1) logged on to the company's digital network; or
(2) providing transportation network services.
Sec. 1954.057. PAYMENT DIRECTLY TO REPAIRING BUSINESS. If
a transportation network company's insurer makes a payment for a
claim covered under comprehensive or collision coverage, the
transportation network company shall cause its insurer to issue the
payment directly to the business repairing the vehicle or jointly
to the owner of the vehicle and the primary lienholder on the
covered vehicle.
SUBCHAPTER C. REQUIRED DISCLOSURES TO TRANSPORTATION NETWORK
DRIVER
Sec. 1954.101. REQUIRED DISCLOSURES. Before a
transportation network driver may accept a request for
transportation network services on a transportation network
company's digital network, the company shall disclose in writing
the following:
(1) the insurance policy, including the types of
coverage and the limits for the policy, that the company provides
while a driver uses a personal vehicle in connection with the
company's digital network; and
(2) that the driver's personal automobile insurance
policy may not provide coverage, depending on the policy's terms,
while the driver is logged on to the company's digital network and
is available to receive transportation requests or is engaged in
transportation network services.
SUBCHAPTER D. PERSONAL AUTOMOBILE INSURANCE
Sec. 1954.151. AUTHORIZED EXCLUSIONS FROM COVERAGE. (a)
An insurer may exclude from coverage under a personal automobile
insurance policy issued to an owner or operator of a personal
vehicle any loss or injury that occurs while a transportation
network driver using the personal vehicle:
(1) is logged on to a transportation network company's
digital network; or
(2) is providing transportation network services.
(b) Subsection (a) applies to any coverage included in a
personal automobile insurance policy, including:
(1) liability coverage for bodily injury and property
damage;
(2) personal injury protection coverage under
Subchapter D, Chapter 1952;
(3) uninsured and underinsured motorist coverage;
(4) medical payment coverage;
(5) comprehensive physical damage coverage; and
(6) collision physical damage coverage.
(c) An exclusion authorized under this section applies
notwithstanding a financial responsibility requirement under
Chapter 601, Transportation Code.
(d) This subchapter may not be construed to invalidate or
limit an exclusion contained in a policy form, including a policy
form in use or approved for use in this state before September 1,
2015, that excludes coverage for automobiles used to carry persons
or property for compensation or available for hire by the public.
Sec. 1954.152. COVERAGE UNDER PERSONAL AUTOMOBILE
INSURANCE NOT REQUIRED. (a) This subchapter does not require a
personal automobile insurance policy to cover a transportation
network driver while:
(1) the driver is logged on to a transportation
network company's digital network;
(2) the driver is providing transportation network
services; or
(3) the driver otherwise uses a vehicle to transport
passengers for compensation.
(b) This section does not prevent an insurer from providing
coverage that may be excluded under this section if the insurer
elects to provide the coverage in the policy or by endorsement.
Sec. 1954.153. DEFENSE OR INDEMNIFICATION OF CLAIM. (a) An
automobile insurer that issues a personal automobile insurance
policy that includes an exclusion from coverage authorized by
Section 1954.151 does not have a duty to defend or indemnify a claim
arising from an event subject to the exclusion.
(b) An automobile insurer that defends or indemnifies a
claim against a transportation network driver for which coverage is
excluded under the terms of the policy as authorized by this
subchapter has a right of contribution against another insurer that
provides automobile insurance to the driver in satisfaction of the
coverage requirements under Section 1954.052 or 1954.053, as
applicable.
Sec. 1954.154. ASSISTANCE IN CLAIM INVESTIGATION. In an
insurance claim investigation, a transportation network company
and any insurer providing coverage under Subchapter B shall assist
each insurer involved in the claim by providing information to
directly interested persons and an insurer of the transportation
network driver. Information provided under this section must
include:
(1) the precise times that a driver logged on and off
of the transportation network company's digital network in the
12-hour period immediately preceding and the 12-hour period
immediately following the accident; and
(2) a clear description of the coverage, exclusions,
and limits provided under an automobile insurance policy maintained
under Subchapter B.
SECTION 3. This Act takes effect September 1, 2015.