| 1 | 1 | | 84R11206 JTS-F |
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| 2 | 2 | | By: Lucio S.B. No. 1617 |
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| 3 | 3 | | |
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| 4 | 4 | | |
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| 5 | 5 | | A BILL TO BE ENTITLED |
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| 6 | 6 | | AN ACT |
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| 7 | 7 | | relating to municipal regulation of passenger transportation for |
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| 8 | 8 | | compensation. |
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| 9 | 9 | | BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS: |
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| 10 | 10 | | SECTION 1. The heading to Section 215.004, Local Government |
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| 11 | 11 | | Code, is amended to read as follows: |
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| 12 | 12 | | Sec. 215.004. PASSENGER TRANSPORTATION SERVICES FOR |
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| 13 | 13 | | COMPENSATION [TAXICABS AND LIMOUSINES]. |
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| 14 | 14 | | SECTION 2. Sections 215.004(a), (a-1), (b), and (c), Local |
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| 15 | 15 | | Government Code, are amended to read as follows: |
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| 16 | 16 | | (a) To protect the public health, safety, and welfare, a |
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| 17 | 17 | | municipality by ordinance: |
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| 18 | 18 | | (1) except as provided by Subdivision (2), shall |
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| 19 | 19 | | license, control, and otherwise regulate each private passenger |
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| 20 | 20 | | vehicle, regardless of how it is propelled, that provides passenger |
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| 21 | 21 | | [taxicab] transportation services for compensation and is designed |
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| 22 | 22 | | for carrying no more than eight passengers; and |
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| 23 | 23 | | (2) may license, control, and otherwise regulate each |
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| 24 | 24 | | private passenger vehicle, regardless of how it is propelled, that |
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| 25 | 25 | | provides passenger limousine transportation services for |
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| 26 | 26 | | compensation and is designed for carrying no more than 15 |
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| 27 | 27 | | passengers. |
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| 28 | 28 | | (a-1) Subsection (a) applies to a passenger transportation |
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| 29 | 29 | | [taxicab or limousine] service that provides passenger |
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| 30 | 30 | | transportation services for compensation to passengers [is |
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| 31 | 31 | | operated]: |
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| 32 | 32 | | (1) within the jurisdiction of the municipality; |
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| 33 | 33 | | (2) on property owned by the municipality, singly or |
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| 34 | 34 | | jointly with one or more other municipalities or public agencies; |
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| 35 | 35 | | (3) on property in which the municipality possesses an |
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| 36 | 36 | | ownership interest; or |
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| 37 | 37 | | (4) by transporting from the municipality, municipal |
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| 38 | 38 | | property, or property in which the municipality has an interest and |
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| 39 | 39 | | returning to it. |
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| 40 | 40 | | (b) The ordinance may include: |
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| 41 | 41 | | (1) regulation of the entry into the business of |
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| 42 | 42 | | providing passenger [taxicab or limousine] transportation services |
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| 43 | 43 | | for compensation[, including controls, limits, or other |
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| 44 | 44 | | restrictions on the total number of persons providing the |
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| 45 | 45 | | services]; |
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| 46 | 46 | | (2) regulation of the rates charged for the provision |
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| 47 | 47 | | of the services; |
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| 48 | 48 | | (3) establishment of safety and insurance |
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| 49 | 49 | | requirements; and |
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| 50 | 50 | | (4) any other requirement adopted to ensure safe and |
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| 51 | 51 | | reliable passenger transportation service. |
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| 52 | 52 | | (c) In regulating passenger [taxicab or limousine] |
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| 53 | 53 | | transportation services for compensation under this section, a |
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| 54 | 54 | | municipality is performing a governmental function. A municipality |
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| 55 | 55 | | may carry out the provisions of this section to the extent the |
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| 56 | 56 | | governing body of the municipality considers it necessary or |
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| 57 | 57 | | appropriate. |
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| 58 | 58 | | SECTION 3. This Act takes effect immediately if it receives |
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| 59 | 59 | | a vote of two-thirds of all the members elected to each house, as |
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| 60 | 60 | | provided by Section 39, Article III, Texas Constitution. If this |
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| 61 | 61 | | Act does not receive the vote necessary for immediate effect, this |
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| 62 | 62 | | Act takes effect September 1, 2015. |
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