Bill Text: TX HB4028 | 2017-2018 | 85th Legislature | Introduced
Bill Title: Relating to the issuance of a transportation network company driver's license; requiring an occupational license; authorizing a fee; providing a civil penalty.
Spectrum: Partisan Bill (Democrat 1-0)
Status: (Introduced - Dead) 2017-04-03 - Referred to Transportation [HB4028 Detail]
Download: Texas-2017-HB4028-Introduced.html
By: Rodriguez of Travis | H.B. No. 4028 |
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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. |