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Texas Senate Bill SB2154

Texas 2025 - 89th Regular

Texas Senate Bill SB2154 Compare Versions

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11 89R10345 AND-F
22 By: Schwertner S.B. No. 2154
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77 A BILL TO BE ENTITLED
88 AN ACT
99 relating to the regulation of delivery network companies; requiring
1010 an occupational permit; authorizing a fee.
1111 BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
1212 SECTION 1. The heading to Chapter 2402, Occupations Code,
1313 is amended to read as follows:
1414 CHAPTER 2402. TRANSPORTATION NETWORK AND DELIVERY NETWORK
1515 COMPANIES
1616 SECTION 2. Section 2402.001, Occupations Code, is amended
1717 by amending Subdivisions (1) and (2) and adding Subdivisions (1-a),
1818 (1-b), (1-c), (2-a), and (3-a) to read as follows:
1919 (1) "Delivery customer" means an individual who
2020 prearranges a delivery through a delivery network company's digital
2121 network that will be undertaken by a delivery person.
2222 (1-a) "Delivery network company" means a corporation,
2323 partnership, sole proprietorship, or other entity operating in this
2424 state that maintains a digital network to facilitate a delivery
2525 customer's arrangement of a digitally prearranged delivery by a
2626 delivery person.
2727 (1-b) "Delivery person" means an individual who
2828 undertakes a digitally prearranged delivery to deliver goods to a
2929 delivery customer.
3030 (1-c) "Department" means the Texas Department of
3131 Licensing and Regulation.
3232 (2) "Digital network" means any online-enabled
3333 application, website, or system offered or used by:
3434 (A) a transportation network company that
3535 enables the prearrangement of rides between passengers and drivers;
3636 or
3737 (B) a delivery network company that enables a
3838 delivery customer to prearrange the delivery of goods by a delivery
3939 person.
4040 (2-a) "Digitally prearranged delivery" means the
4141 transport of goods, using a passenger vehicle, a bicycle, a
4242 scooter, walking, public transportation, or other means of
4343 transportation, between points provided by the customer that is
4444 prearranged through a digital network.
4545 (3-a) "Driver" means an individual who undertakes a
4646 digitally prearranged ride between points chosen by a passenger.
4747 SECTION 3. Section 2402.002, Occupations Code, is amended
4848 to read as follows:
4949 Sec. 2402.002. NATURE OF TRANSPORTATION NETWORK AND
5050 DELIVERY NETWORK COMPANIES, DRIVERS, DELIVERY PERSONS, AND
5151 VEHICLES. Transportation network companies, delivery network
5252 companies, and drivers or delivery persons logged in to the
5353 company's digital network are not common carriers, contract
5454 carriers, or motor carriers.
5555 SECTION 4. Section 2402.003(a), Occupations Code, is
5656 amended to read as follows:
5757 (a) Notwithstanding any other provision of law, and except
5858 as provided by Subsections (b) and (c), the regulation of
5959 transportation network companies, delivery network companies,
6060 drivers or delivery persons logged in to a digital network, and
6161 vehicles used to provide digitally prearranged rides or deliveries:
6262 (1) is an exclusive power and function of this state;
6363 and
6464 (2) may not be regulated by a municipality or other
6565 local entity, including by:
6666 (A) imposing a tax;
6767 (B) requiring an additional license or permit;
6868 (C) setting rates;
6969 (D) imposing operational or entry requirements;
7070 or
7171 (E) imposing other requirements.
7272 SECTION 5. Section 2402.004, Occupations Code, is amended
7373 to read as follows:
7474 Sec. 2402.004. PROVISIONS APPLICABLE TO DRIVERS AND
7575 DELIVERY PERSONS LOGGED IN TO DIGITAL NETWORK. A provision of this
7676 chapter that applies to a driver or delivery person logged in to a
7777 digital network applies while the driver or delivery person is
7878 logged in to receive requests for digitally prearranged rides or
7979 deliveries and while the driver or delivery person is logged in and
8080 providing a digitally prearranged ride or delivery.
8181 SECTION 6. Section 2402.051(a), Occupations Code, is
8282 amended to read as follows:
8383 (a) A person may not operate a transportation network
8484 company or delivery network company in this state without obtaining
8585 and maintaining a permit issued under this chapter.
8686 SECTION 7. Section 2402.052, Occupations Code, is amended
8787 to read as follows:
8888 Sec. 2402.052. FEE. (a) A transportation network company
8989 or delivery network company shall annually pay to the department a
9090 fee to maintain a permit under this chapter in an amount determined
9191 by department rule to cover the costs of administering this
9292 chapter.
9393 (b) The department may not impose a fee for:
9494 (1) drivers or delivery persons authorized to use a
9595 transportation network company's or delivery network company's
9696 digital network; or
9797 (2) vehicles used to provide digitally prearranged
9898 rides or deliveries.
9999 SECTION 8. Chapter 2402, Occupations Code, is amended by
100100 adding Subchapter C-1 to read as follows:
101101 SUBCHAPTER C-1. OPERATION OF DELIVERY NETWORK COMPANIES
102102 Sec. 2402.131. INTOXICATING SUBSTANCE POLICY. (a) A
103103 delivery network company shall implement an intoxicating substance
104104 policy that prohibits a delivery person who is logged in to the
105105 company's digital network from any amount of intoxication.
106106 (b) A delivery network company shall include on its Internet
107107 website:
108108 (1) a notice concerning the company's intoxicating
109109 substance policy; and
110110 (2) the means to make a complaint about a suspected
111111 violation of the policy.
112112 (c) A delivery network company shall maintain records
113113 relevant to a complaint for a period of at least two years after the
114114 date the complaint is received.
115115 Sec. 2402.132. DELIVERY PERSON REQUIREMENTS. (a) Before
116116 permitting an individual to log in as a delivery person on the
117117 company's digital network, a delivery network company must:
118118 (1) confirm that the individual:
119119 (A) is at least 18 years of age;
120120 (B) maintains a valid driver's license issued by
121121 this state, another state, or the District of Columbia; and
122122 (C) if the individual will undertake digitally
123123 prearranged deliveries by motor vehicle, possesses proof of
124124 registration and automobile financial responsibility for each
125125 motor vehicle to be used to provide digitally prearranged
126126 deliveries;
127127 (2) conduct, or cause to be conducted, a local, state,
128128 and national criminal background check for the individual that
129129 includes the use of:
130130 (A) a commercial multistate and
131131 multijurisdiction criminal records locator or other similar
132132 commercial nationwide database; and
133133 (B) the national sex offender public website
134134 maintained by the United States Department of Justice or a
135135 successor agency; and
136136 (3) if the individual will undertake digitally
137137 prearranged deliveries by motor vehicle, obtain and review the
138138 individual's driving record.
139139 (b) A delivery network company may not permit an individual
140140 to log in as a delivery person on the company's digital network if:
141141 (1) the individual has been convicted in the preceding
142142 seven-year period of any of the following:
143143 (A) driving while intoxicated under Section
144144 49.04 or 49.045, Penal Code;
145145 (B) use of a motor vehicle to commit a felony;
146146 (C) a felony crime involving property damage;
147147 (D) fraud;
148148 (E) theft;
149149 (F) an act of violence; or
150150 (G) an act of terrorism;
151151 (2) the individual is found to be registered in the
152152 national sex offender public website maintained by the United
153153 States Department of Justice or a successor agency; or
154154 (3) for an individual who will undertake digitally
155155 prearranged deliveries by motor vehicle, the individual has been
156156 convicted in the three-year period preceding the issue date of the
157157 driving record obtained under Subsection (a)(3) of:
158158 (A) more than three offenses classified by the
159159 Department of Public Safety as moving violations; or
160160 (B) one or more of the following offenses:
161161 (i) fleeing or attempting to elude a police
162162 officer under Section 545.421, Transportation Code;
163163 (ii) reckless driving under Section
164164 545.401, Transportation Code;
165165 (iii) driving without a valid driver's
166166 license under Section 521.025, Transportation Code; or
167167 (iv) driving with an invalid driver's
168168 license under Section 521.457, Transportation Code.
169169 (c) A delivery network company shall conduct or cause to be
170170 conducted an annual criminal background check described by
171171 Subsection (a)(2) for each delivery person authorized to access the
172172 company's digital network.
173173 Sec. 2402.133. NONDISCRIMINATION. (a) A delivery network
174174 company shall adopt a policy that prohibits a delivery person
175175 logged in to the company's digital network from discriminating on
176176 the basis of a delivery customer's or potential delivery customer's
177177 location or destination, race, color, national origin, religious
178178 belief or affiliation, sex, disability, or age.
179179 (b) For the purposes of Subsection (a), "sex" means the
180180 physical condition of being male or female.
181181 (c) A delivery network company shall notify each person
182182 authorized to log in as a delivery person on the company's digital
183183 network of the nondiscrimination policy. A delivery person logged
184184 in to the company's digital network shall comply with the
185185 nondiscrimination policy.
186186 (d) A delivery network company may not impose an additional
187187 charge for delivery to individuals with physical disabilities
188188 because of those disabilities.
189189 Sec. 2402.134. DELIVERY PERSONS AS INDEPENDENT
190190 CONTRACTORS. A delivery person who is authorized to log in to a
191191 delivery network company's digital network is considered an
192192 independent contractor for all purposes, and not an employee of the
193193 company in any manner, if:
194194 (1) the company does not:
195195 (A) prescribe the specific hours during which the
196196 delivery person is required to be logged in to the company's digital
197197 network;
198198 (B) impose restrictions on the delivery person's
199199 ability to use other delivery network companies' digital networks;
200200 (C) limit the territory within which the delivery
201201 person may provide deliveries; or
202202 (D) restrict the delivery person from engaging in
203203 another occupation or business; and
204204 (2) the company and the delivery person agree in
205205 writing that the delivery person is an independent contractor.
206206 SECTION 9. Section 2402.151(a), Occupations Code, is
207207 amended to read as follows:
208208 (a) A transportation network company or delivery network
209209 company shall maintain:
210210 (1) records evidencing compliance with the
211211 requirements of this chapter for a period of two years;
212212 (2) individual ride and delivery records for at least
213213 five years after the date the ride or delivery was provided; and
214214 (3) driver or delivery person records for at least
215215 five years after the date the driver or delivery person ceases to be
216216 authorized to log in as a driver or delivery person on the company's
217217 digital network.
218218 SECTION 10. Section 2402.152, Occupations Code, is amended
219219 to read as follows:
220220 Sec. 2402.152. COLLECTION, USE, OR DISCLOSURE OF RECORDS
221221 AND OTHER COMPANY INFORMATION. (a) Any records, data, or other
222222 information disclosed to a public entity in this state, including
223223 the department, by a transportation network company or delivery
224224 network company, including names, addresses, and any other
225225 personally identifiable information of drivers or delivery persons
226226 is not subject to disclosure under Chapter 552, Government Code.
227227 (b) A public entity, including the department, may not
228228 disclose any records, data, or other information provided by a
229229 transportation network company or delivery network company under
230230 this chapter to a third party except in compliance with a court
231231 order or subpoena. If information provided under this chapter is
232232 sought through a court order or subpoena, the public entity shall
233233 promptly notify the transportation network company or delivery
234234 network company to afford the company the opportunity to take
235235 actions to prevent disclosure.
236236 (c) In collecting, using, or disclosing any records, data,
237237 or other information submitted by a transportation network company
238238 or delivery network company under this chapter, a public entity,
239239 including the department, shall:
240240 (1) consider the potential risks to the privacy of the
241241 individuals whose information is being collected, used, or
242242 disclosed;
243243 (2) ensure that the information to be collected, used,
244244 or disclosed is necessary, relevant, and appropriate to the proper
245245 administration of this chapter; and
246246 (3) take all reasonable measures and make all
247247 reasonable efforts to protect, secure, and, where appropriate,
248248 encrypt or limit access to the information.
249249 (d) A transportation network company or delivery network
250250 company required to submit, disclose, or otherwise provide
251251 personally identifiable information of drivers or delivery persons
252252 to a public entity of this state, including the department, is not
253253 liable in any civil or criminal action for any unauthorized
254254 disclosure, misuse, alteration, destruction, access or
255255 acquisition, or use of the information that occurs while the
256256 information is in the possession of any public entity of this state.
257257 SECTION 11. Section 2402.153, Occupations Code, is amended
258258 to read as follows:
259259 Sec. 2402.153. DISCLOSURE OF PASSENGER OR DELIVERY CUSTOMER
260260 INFORMATION. (a) A transportation network company or delivery
261261 network company may disclose a passenger's or delivery customer's
262262 personal identifying information to a third party only if:
263263 (1) the passenger or delivery customer consents;
264264 (2) the disclosure is required by a legal obligation;
265265 or
266266 (3) the disclosure is required to:
267267 (A) protect or defend the terms of use of the
268268 transportation network company or delivery network company
269269 service; or
270270 (B) investigate a violation of those terms.
271271 (b) Notwithstanding Subsection (a), a transportation
272272 network company or delivery network company may share a passenger's
273273 or delivery customer's name with a driver accessing the company's
274274 digital network to facilitate:
275275 (1) identification of the passenger or delivery
276276 customer by the driver; or
277277 (2) communication between the passenger or delivery
278278 customer and the driver.
279279 SECTION 12. Section 2402.154, Occupations Code, is amended
280280 to read as follows:
281281 Sec. 2402.154. DATA SHARING WITH MUNICIPALITY. A
282282 municipality and a transportation network company or delivery
283283 network company may voluntarily enter into an agreement under which
284284 the company shares the company's data with the municipality.
285285 SECTION 13. Section 2402.201, Occupations Code, is amended
286286 to read as follows:
287287 Sec. 2402.201. PERMIT SUSPENSION OR REVOCATION. The
288288 department may suspend or revoke a permit issued to a
289289 transportation network company or delivery network company that
290290 violates a provision of this chapter.
291291 SECTION 14. This Act takes effect September 1, 2025.