Texas 2017 - 85th Regular

Texas Senate Bill SB113 Compare Versions

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

Old	New	Differences
1	1	85R2768 JTS-D
2	2	By: Huffines S.B. No. 113
3	3
4	4
5	5	A BILL TO BE ENTITLED
6	6	AN ACT
7	7	relating to the provision of and local regulation of certain
8	8	for-hire passenger transportation.
9	9	BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
10	10	SECTION 1. Article 62.063(b), Code of Criminal Procedure,
11	11	is amended to read as follows:
12	12	(b) A person subject to registration under this chapter
13	13	because of a reportable conviction or adjudication for which an
14	14	affirmative finding is entered under Article 42.015(b) or
15	15	42A.105(a), as appropriate, may not, for compensation:
16	16	(1) operate or offer to operate a bus;
17	17	(2) provide or offer to provide passenger
18	18	transportation through:
19	19	(A) a street-hail [passenger] taxicab service;
20	20	(B) a prearranged [or] limousine or other car
21	21	transportation service; or
22	22	(C) a prearranged ride through an online-enabled
23	23	application, software, website, or system designed to connect
24	24	passengers with drivers;
25	25	(3) provide or offer to provide any type of service in
26	26	the residence of another person unless the provision of service
27	27	will be supervised; or
28	28	(4) operate or offer to operate any amusement ride.
29	29	SECTION 2. Section 215.004, Local Government Code, is
30	30	amended to read as follows:
31	31	Sec. 215.004. REGULATION OF TAXICABS, [AND] LIMOUSINES,
32	32	TRANSPORTATION NETWORK COMPANIES, AND OTHER FOR-HIRE
33	33	TRANSPORTATION PROHIBITED. A [(a) To protect the public health,
34	34	safety, and welfare, a] municipality may not license, control, or
35	35	otherwise regulate a person who, for compensation:
36	36	(1) provides passenger transportation using a vehicle
37	37	designed to accommodate 15 or fewer passengers, including a person
38	38	who provides:
39	39	(A) street-hail taxicab services;
40	40	(B) prearranged limousine or other car
41	41	transportation services; or
42	42	(C) prearranged rides through an online-enabled
43	43	application, software, website, or system designed to connect
44	44	passengers with drivers; or
45	45	(2) operates an online-enabled application, software,
46	46	website, or system designed to connect passengers with drivers. [by
47	47	ordinance:
48	48	[(1) shall license, control, and otherwise regulate
49	49	each private passenger vehicle, regardless of how it is propelled,
50	50	that provides passenger taxicab transportation services for
51	51	compensation and is designed for carrying no more than eight
52	52	passengers; and
53	53	[(2) may license, control, and otherwise regulate each
54	54	private passenger vehicle, regardless of how it is propelled, that
55	55	provides passenger limousine transportation services for
56	56	compensation and is designed for carrying no more than 15
57	57	passengers.
58	58	[(a-1) Subsection (a) applies to a taxicab or limousine
59	59	service that is operated:
60	60	[(1) within the jurisdiction of the municipality;
61	61	[(2) on property owned by the municipality, singly or
62	62	jointly with one or more other municipalities or public agencies;
63	63	[(3) on property in which the municipality possesses
64	64	an ownership interest; or
65	65	[(4) by transporting from the municipality, municipal
66	66	property, or property in which the municipality has an interest and
67	67	returning to it.
68	68	[(b) The ordinance may include:
69	69	[(1) regulation of the entry into the business of
70	70	providing passenger taxicab or limousine transportation services,
71	71	including controls, limits, or other restrictions on the total
72	72	number of persons providing the services;
73	73	[(2) regulation of the rates charged for the provision
74	74	of the services;
75	75	[(3) establishment of safety and insurance
76	76	requirements; and
77	77	[(4) any other requirement adopted to ensure safe and
78	78	reliable passenger transportation service.
79	79	[(c) In regulating passenger taxicab or limousine
80	80	transportation services under this section, a municipality is
81	81	performing a governmental function. A municipality may carry out
82	82	the provisions of this section to the extent the governing body of
83	83	the municipality considers it necessary or appropriate.
84	84	[(d) The provisions of this section relating to the
85	85	regulation of limousine transportation services apply only to a
86	86	municipality with a population of more than 1.9 million.]
87	87	SECTION 3. Section 215.073, Local Government Code, is
88	88	amended to read as follows:
89	89	Sec. 215.073. VEHICLES [FOR HIRE]. Except as provided by
90	90	Section 215.004, a [The] municipality may license, fix the charges
91	91	or fares made by, or otherwise regulate any person who owns,
92	92	operates, or controls any type of vehicle used on the public streets
93	93	or alleys of the municipality for carrying passengers or freight
94	94	for compensation.
95	95	SECTION 4. Section 22.082, Transportation Code, is amended
96	96	to read as follows:
97	97	Sec. 22.082. RULES. A resolution, rule, or order of a joint
98	98	board dealing with a subject authorized by Section 22.014 [or
99	99	22.081] is effective only on approval of the governing authorities
100	100	of the constituent agencies. On approval, a resolution, rule, or
101	101	order of the joint board has the same effect in the territories or
102	102	jurisdictions involved as an ordinance, resolution, rule, or order
103	103	of the public agency would have in its own territory or
104	104	jurisdiction.
105	105	SECTION 5. Section 22.081, Transportation Code, is
106	106	repealed.
107	107	SECTION 6. (a) The change in law made by this Act in
108	108	amending Article 62.063, Code of Criminal Procedure, applies only
109	109	to a person who is required to register under Chapter 62, Code of
110	110	Criminal Procedure, on the basis of a conviction or adjudication
111	111	for an offense committed on or after the effective date of this Act.
112	112	An offense committed before the effective date of this Act is
113	113	governed by the law in effect on the date the offense was committed,
114	114	and the former law is continued in effect for that purpose.
115	115	(b) A person who is required to register under Chapter 62,
116	116	Code of Criminal Procedure, solely on the basis of a conviction or
117	117	adjudication that occurs before the effective date of this Act is
118	118	governed by the law in effect when the conviction or adjudication
119	119	occurred, and the former law is continued in effect for that
120	120	purpose.
121	121	SECTION 7. This Act takes effect September 1, 2017.