By: Rodriguez of Travis H.B. No. 4028
A BILL TO BE ENTITLED
AN ACT
relating to the issuance of a transportation network company
driver's license; requiring an occupational license; authorizing a
fee; providing a civil penalty.
BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
SECTION 1. The heading to Subtitle F, Title 7,
Transportation Code, is amended to read as follows:
SUBTITLE F. COMMERCIAL MOTOR VEHICLES AND PERSONAL VEHICLES USED
FOR COMMERCIAL PURPOSES
SECTION 2. Subtitle F, Title 7, Transportation Code, is
amended by adding Chapter 649 to read as follows:
CHAPTER 649. TRANSPORTATION NETWORK COMPANY DRIVER'S LICENSES
SUBCHAPTER A. GENERAL PROVISIONS
Sec. 649.001. DEFINITIONS. In this chapter:
(1) "Department" means the Texas Department of Motor
Vehicles.
(2) "Digital network" means any online-enabled
application, software, website, or system offered or used by a
transportation network company that enables a prearranged ride with
a transportation network company driver.
(3) "Personal vehicle" means a vehicle that is used by
a transportation network company 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.
(4) "Prearranged ride" means transportation provided
by a transportation network company driver to a transportation
network company rider, beginning at the time a driver accepts a ride
requested by a rider through a digital network controlled by a
transportation network company and ending at the time the last
requesting rider departs from the driver's personal vehicle. The
term does not include:
(A) a shared expense carpool or vanpool
arrangement or service; or
(B) transportation provided using 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 company rider to a transportation network
company driver for a prearranged ride. 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 company driver" means an
individual who:
(A) receives connections to potential
transportation network company 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 a
prearranged ride to a transportation network company 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 company rider" means an
individual who uses a transportation network company's digital
network to connect with a transportation network company driver who
provides a prearranged ride to the individual in the driver's
personal vehicle between points chosen by the individual.
SUBCHAPTER B. DEPARTMENT POWERS AND DUTIES
Sec. 649.010. ISSUANCE OF LICENSE. The department shall
issue a license to a person who meets the requirements of this
chapter and rules adopted under this chapter.
Sec. 649.011. REGISTRY. The department by rule shall adopt
procedures to create and maintain a registry of all persons issued a
license under this chapter.
Sec. 649.012. GENERAL POWERS AND DUTIES. The department may
take action as necessary to administer and enforce this chapter.
Sec. 649.013. RULEMAKING. The department shall adopt rules
for licensing transportation network company drivers and other
rules as necessary to implement this chapter.
Sec. 649.014. FEES. The department by rule shall set the
fees imposed under this chapter in an amount sufficient to recover
costs of administering this chapter.
Sec. 649.015. CRIMINAL HISTORY RECORD. The department
shall obtain from the Federal Bureau of Investigation criminal
history record information on each applicant for a license under
this chapter.
SUBCHAPTER C. REGULATION OF TRANSPORTATION NETWORK COMPANY DRIVERS
Sec. 649.021. LICENSE REQUIRED. A person may not act as a
transportation network company driver unless the person holds a
license under this chapter.
Sec. 649.022. LICENSE APPLICATION. (a) The department by
rule shall establish a license application.
(b) The requirements for a license must include that the
applicant:
(1) submit an application in a form prescribed by the
department;
(2) pay the required fee;
(3) disclose any transportation network company whose
digital network the applicant will use to provide a prearranged
ride to a transportation network company rider;
(4) provide evidence of the applicant's personal
financial responsibility for any personal vehicle the applicant
will use to provide a prearranged ride to a transportation network
company rider; and
(5) submit a complete and legible set of the
applicant's fingerprints in a form prescribed by the department.
Sec. 649.023. TERM; RENEWAL. (a) A license issued under
this chapter expires on the first anniversary of the date of
issuance.
(b) A person may renew a license issued under this chapter
if the person:
(1) submits a renewal application in a form prescribed
by the department;
(2) pays a renewal fee; and
(3) satisfies any other requirements for renewal
adopted by the department.
Sec. 649.024. DISPLAY OF LICENSE. The department by rule
shall adopt requirements for the conspicuous display of a
transportation network company driver's license inside the cab of
any personal vehicle operated by a transportation network company
driver to provide prearranged rides to a transportation network
company rider.
Sec. 649.025. DISPLAY OF INSIGNIA ON VEHICLE. The
department by rule shall adopt requirements for the display of
transportation network company insignia on any personal vehicle
operated by a transportation network company driver to provide
prearranged rides to a transportation network company rider.
Sec. 649.026. REPORT OF ACCIDENT. A transportation network
company driver shall report to the department any accident
involving the driver while the driver is logged on to a digital
network not more than one month after the date of the accident.
Sec. 649.027. INSURANCE. A person acting as a
transportation network company driver under this chapter must
possess evidence of financial responsibility in a form approved by
the department as required under:
(1) Chapter 601 of this code; and
(2) Chapter 1954, Insurance Code.
SUBCHAPTER D. ENFORCEMENT
Sec. 649.051. SUSPENSION OR REVOCATION OF LICENSE. The
department may suspend or revoke a license issued under this
chapter for a violation of this chapter or a rule adopted under this
chapter.
Sec. 649.052. CIVIL PENALTY. A person who violates this
chapter or a rule adopted under this chapter is subject to a civil
penalty in an amount set by the department of not more than $1,000
per violation.
SECTION 3. Not later than December 1, 2017, the Texas
Department of Motor Vehicles shall adopt rules necessary to
implement Chapter 649, Transportation Code, as added by this Act.
SECTION 4. This Act takes effect September 1, 2018.