Texas 2017 - 85th Regular

Texas House Bill HB4028 Compare Versions

Only one version of the bill is available at this time.

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1	1	By: Rodriguez of Travis H.B. No. 4028
2	2
3	3
4	4	A BILL TO BE ENTITLED
5	5	AN ACT
6	6	relating to the issuance of a transportation network company
7	7	driver's license; requiring an occupational license; authorizing a
8	8	fee; providing a civil penalty.
9	9	BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
10	10	SECTION 1. The heading to Subtitle F, Title 7,
11	11	Transportation Code, is amended to read as follows:
12	12	SUBTITLE F. COMMERCIAL MOTOR VEHICLES AND PERSONAL VEHICLES USED
13	13	FOR COMMERCIAL PURPOSES
14	14	SECTION 2. Subtitle F, Title 7, Transportation Code, is
15	15	amended by adding Chapter 649 to read as follows:
16	16	CHAPTER 649. TRANSPORTATION NETWORK COMPANY DRIVER'S LICENSES
17	17	SUBCHAPTER A. GENERAL PROVISIONS
18	18	Sec. 649.001. DEFINITIONS. In this chapter:
19	19	(1) "Department" means the Texas Department of Motor
20	20	Vehicles.
21	21	(2) "Digital network" means any online-enabled
22	22	application, software, website, or system offered or used by a
23	23	transportation network company that enables a prearranged ride with
24	24	a transportation network company driver.
25	25	(3) "Personal vehicle" means a vehicle that is used by
26	26	a transportation network company driver and is:
27	27	(A) owned, leased, or otherwise authorized for
28	28	use by the driver; and
29	29	(B) not a taxicab, limousine, or similar for-hire
30	30	vehicle.
31	31	(4) "Prearranged ride" means transportation provided
32	32	by a transportation network company driver to a transportation
33	33	network company rider, beginning at the time a driver accepts a ride
34	34	requested by a rider through a digital network controlled by a
35	35	transportation network company and ending at the time the last
36	36	requesting rider departs from the driver's personal vehicle. The
37	37	term does not include:
38	38	(A) a shared expense carpool or vanpool
39	39	arrangement or service; or
40	40	(B) transportation provided using a taxicab,
41	41	limousine, or similar for-hire vehicle.
42	42	(5) "Transportation network company" means a
43	43	corporation, partnership, sole proprietorship, or other entity
44	44	operating in this state that uses a digital network to connect a
45	45	transportation network company rider to a transportation network
46	46	company driver for a prearranged ride. The term does not include an
47	47	entity arranging nonemergency medical transportation under a
48	48	contract with the state or a managed care organization for
49	49	individuals qualifying for Medicaid or Medicare.
50	50	(6) "Transportation network company driver" means an
51	51	individual who:
52	52	(A) receives connections to potential
53	53	transportation network company riders and related services from a
54	54	transportation network company in exchange for payment of a fee to
55	55	the company; and
56	56	(B) uses a personal vehicle to offer or provide a
57	57	prearranged ride to a transportation network company rider on
58	58	connection with the rider through a digital network controlled by
59	59	the company in exchange for compensation or payment of a fee.
60	60	(7) "Transportation network company rider" means an
61	61	individual who uses a transportation network company's digital
62	62	network to connect with a transportation network company driver who
63	63	provides a prearranged ride to the individual in the driver's
64	64	personal vehicle between points chosen by the individual.
65	65	SUBCHAPTER B. DEPARTMENT POWERS AND DUTIES
66	66	Sec. 649.010. ISSUANCE OF LICENSE. The department shall
67	67	issue a license to a person who meets the requirements of this
68	68	chapter and rules adopted under this chapter.
69	69	Sec. 649.011. REGISTRY. The department by rule shall adopt
70	70	procedures to create and maintain a registry of all persons issued a
71	71	license under this chapter.
72	72	Sec. 649.012. GENERAL POWERS AND DUTIES. The department may
73	73	take action as necessary to administer and enforce this chapter.
74	74	Sec. 649.013. RULEMAKING. The department shall adopt rules
75	75	for licensing transportation network company drivers and other
76	76	rules as necessary to implement this chapter.
77	77	Sec. 649.014. FEES. The department by rule shall set the
78	78	fees imposed under this chapter in an amount sufficient to recover
79	79	costs of administering this chapter.
80	80	Sec. 649.015. CRIMINAL HISTORY RECORD. The department
81	81	shall obtain from the Federal Bureau of Investigation criminal
82	82	history record information on each applicant for a license under
83	83	this chapter.
84	84	SUBCHAPTER C. REGULATION OF TRANSPORTATION NETWORK COMPANY DRIVERS
85	85	Sec. 649.021. LICENSE REQUIRED. A person may not act as a
86	86	transportation network company driver unless the person holds a
87	87	license under this chapter.
88	88	Sec. 649.022. LICENSE APPLICATION. (a) The department by
89	89	rule shall establish a license application.
90	90	(b) The requirements for a license must include that the
91	91	applicant:
92	92	(1) submit an application in a form prescribed by the
93	93	department;
94	94	(2) pay the required fee;
95	95	(3) disclose any transportation network company whose
96	96	digital network the applicant will use to provide a prearranged
97	97	ride to a transportation network company rider;
98	98	(4) provide evidence of the applicant's personal
99	99	financial responsibility for any personal vehicle the applicant
100	100	will use to provide a prearranged ride to a transportation network
101	101	company rider; and
102	102	(5) submit a complete and legible set of the
103	103	applicant's fingerprints in a form prescribed by the department.
104	104	Sec. 649.023. TERM; RENEWAL. (a) A license issued under
105	105	this chapter expires on the first anniversary of the date of
106	106	issuance.
107	107	(b) A person may renew a license issued under this chapter
108	108	if the person:
109	109	(1) submits a renewal application in a form prescribed
110	110	by the department;
111	111	(2) pays a renewal fee; and
112	112	(3) satisfies any other requirements for renewal
113	113	adopted by the department.
114	114	Sec. 649.024. DISPLAY OF LICENSE. The department by rule
115	115	shall adopt requirements for the conspicuous display of a
116	116	transportation network company driver's license inside the cab of
117	117	any personal vehicle operated by a transportation network company
118	118	driver to provide prearranged rides to a transportation network
119	119	company rider.
120	120	Sec. 649.025. DISPLAY OF INSIGNIA ON VEHICLE. The
121	121	department by rule shall adopt requirements for the display of
122	122	transportation network company insignia on any personal vehicle
123	123	operated by a transportation network company driver to provide
124	124	prearranged rides to a transportation network company rider.
125	125	Sec. 649.026. REPORT OF ACCIDENT. A transportation network
126	126	company driver shall report to the department any accident
127	127	involving the driver while the driver is logged on to a digital
128	128	network not more than one month after the date of the accident.
129	129	Sec. 649.027. INSURANCE. A person acting as a
130	130	transportation network company driver under this chapter must
131	131	possess evidence of financial responsibility in a form approved by
132	132	the department as required under:
133	133	(1) Chapter 601 of this code; and
134	134	(2) Chapter 1954, Insurance Code.
135	135	SUBCHAPTER D. ENFORCEMENT
136	136	Sec. 649.051. SUSPENSION OR REVOCATION OF LICENSE. The
137	137	department may suspend or revoke a license issued under this
138	138	chapter for a violation of this chapter or a rule adopted under this
139	139	chapter.
140	140	Sec. 649.052. CIVIL PENALTY. A person who violates this
141	141	chapter or a rule adopted under this chapter is subject to a civil
142	142	penalty in an amount set by the department of not more than $1,000
143	143	per violation.
144	144	SECTION 3. Not later than December 1, 2017, the Texas
145	145	Department of Motor Vehicles shall adopt rules necessary to
146	146	implement Chapter 649, Transportation Code, as added by this Act.
147	147	SECTION 4. This Act takes effect September 1, 2018.