Texas 2023 88th Regular

Texas House Bill HB5151 Analysis / Analysis

Filed 05/08/2023

                    BILL ANALYSIS             C.S.H.B. 5151     By: Martinez     Transportation     Committee Report (Substituted)             BACKGROUND AND PURPOSE    The Union Pacific Southern Region General Committee of Adjustment, which is the collective bargaining agent with the Union Pacific Railroad, became aware of the use of Uber in January 2020. Concerns were raised that Uber drivers were not included in laws regulating contract carriers that transport an operating employee of a railroad on a road or highway in Texas in a vehicle designed to carry 15 or fewer passengers due to their status as subcontractors. C.S.H.B. 5151 seeks to address this issue by subjecting any subcontractors of contract carriers that transport such crews to the regulation of contract carriers that transport an operating employee of a railroad. The bill also increases the liability insurance such contract carriers must maintain to $3 million for each vehicle and specifies that the insurance is commercial vehicle liability insurance.       CRIMINAL JUSTICE IMPACT   It is the committee's opinion that this bill does not expressly create a criminal offense, increase the punishment for an existing criminal offense or category of offenses, or change the eligibility of a person for community supervision, parole, or mandatory supervision.       RULEMAKING AUTHORITY    It is the committee's opinion that this bill does not expressly grant any additional rulemaking authority to a state officer, department, agency, or institution.       ANALYSIS    C.S.H.B. 5151 amends the Transportation Code to subject a subcontractor of a contract carrier to statutory provisions regarding the regulation of contract carriers that transport an operating employee of a railroad on a road or highway of Texas in a vehicle designed to carry 15 or fewer passengers. The bill specifies that the type of liability insurance such a contract carrier is required to maintain under rules adopted by the Department of Public Safety (DPS) is commercial automobile liability insurance and increases the amount of such required insurance for each vehicle from $1.5 million to $3 million.       EFFECTIVE DATE    September 1, 2023.       COMPARISON OF INTRODUCED AND SUBSTITUTE   While C.S.H.B. 5151 may differ from the introduced in minor or nonsubstantive ways, the following summarizes the substantial differences between the introduced and committee substitute versions of the bill.   The substitute includes a specification absent from the introduced that the type of liability insurance an applicable contract carrier is required to maintain under rules adopted by DPS is commercial automobile liability insurance.                       

BILL ANALYSIS

# BILL ANALYSIS

 

 

 

C.S.H.B. 5151
By: Martinez
Transportation
Committee Report (Substituted)

C.S.H.B. 5151

By: Martinez

Transportation

Committee Report (Substituted)

 

 

 

BACKGROUND AND PURPOSE    The Union Pacific Southern Region General Committee of Adjustment, which is the collective bargaining agent with the Union Pacific Railroad, became aware of the use of Uber in January 2020. Concerns were raised that Uber drivers were not included in laws regulating contract carriers that transport an operating employee of a railroad on a road or highway in Texas in a vehicle designed to carry 15 or fewer passengers due to their status as subcontractors. C.S.H.B. 5151 seeks to address this issue by subjecting any subcontractors of contract carriers that transport such crews to the regulation of contract carriers that transport an operating employee of a railroad. The bill also increases the liability insurance such contract carriers must maintain to $3 million for each vehicle and specifies that the insurance is commercial vehicle liability insurance.
CRIMINAL JUSTICE IMPACT   It is the committee's opinion that this bill does not expressly create a criminal offense, increase the punishment for an existing criminal offense or category of offenses, or change the eligibility of a person for community supervision, parole, or mandatory supervision.
RULEMAKING AUTHORITY    It is the committee's opinion that this bill does not expressly grant any additional rulemaking authority to a state officer, department, agency, or institution.
ANALYSIS    C.S.H.B. 5151 amends the Transportation Code to subject a subcontractor of a contract carrier to statutory provisions regarding the regulation of contract carriers that transport an operating employee of a railroad on a road or highway of Texas in a vehicle designed to carry 15 or fewer passengers. The bill specifies that the type of liability insurance such a contract carrier is required to maintain under rules adopted by the Department of Public Safety (DPS) is commercial automobile liability insurance and increases the amount of such required insurance for each vehicle from $1.5 million to $3 million.
EFFECTIVE DATE    September 1, 2023.
COMPARISON OF INTRODUCED AND SUBSTITUTE   While C.S.H.B. 5151 may differ from the introduced in minor or nonsubstantive ways, the following summarizes the substantial differences between the introduced and committee substitute versions of the bill.   The substitute includes a specification absent from the introduced that the type of liability insurance an applicable contract carrier is required to maintain under rules adopted by DPS is commercial automobile liability insurance.

BACKGROUND AND PURPOSE 

 

The Union Pacific Southern Region General Committee of Adjustment, which is the collective bargaining agent with the Union Pacific Railroad, became aware of the use of Uber in January 2020. Concerns were raised that Uber drivers were not included in laws regulating contract carriers that transport an operating employee of a railroad on a road or highway in Texas in a vehicle designed to carry 15 or fewer passengers due to their status as subcontractors. C.S.H.B. 5151 seeks to address this issue by subjecting any subcontractors of contract carriers that transport such crews to the regulation of contract carriers that transport an operating employee of a railroad. The bill also increases the liability insurance such contract carriers must maintain to $3 million for each vehicle and specifies that the insurance is commercial vehicle liability insurance.

 

CRIMINAL JUSTICE IMPACT

 

It is the committee's opinion that this bill does not expressly create a criminal offense, increase the punishment for an existing criminal offense or category of offenses, or change the eligibility of a person for community supervision, parole, or mandatory supervision.

 

RULEMAKING AUTHORITY 

 

It is the committee's opinion that this bill does not expressly grant any additional rulemaking authority to a state officer, department, agency, or institution.

 

ANALYSIS 

 

C.S.H.B. 5151 amends the Transportation Code to subject a subcontractor of a contract carrier to statutory provisions regarding the regulation of contract carriers that transport an operating employee of a railroad on a road or highway of Texas in a vehicle designed to carry 15 or fewer passengers. The bill specifies that the type of liability insurance such a contract carrier is required to maintain under rules adopted by the Department of Public Safety (DPS) is commercial automobile liability insurance and increases the amount of such required insurance for each vehicle from $1.5 million to $3 million.

 

EFFECTIVE DATE 

 

September 1, 2023.

 

COMPARISON OF INTRODUCED AND SUBSTITUTE

 

While C.S.H.B. 5151 may differ from the introduced in minor or nonsubstantive ways, the following summarizes the substantial differences between the introduced and committee substitute versions of the bill.

 

The substitute includes a specification absent from the introduced that the type of liability insurance an applicable contract carrier is required to maintain under rules adopted by DPS is commercial automobile liability insurance.