Transportation Network Companies
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Governor Greg Abbott signed House Bill 100 on May 29, 2017. The bill establishes a uniform, statewide approach to regulating and permitting transportation network companies (TNC) at the Texas Department of Licensing and Regulation (TDLR).
TDLR Executive Director Brian Francis states, “We recognize the importance of HB 100 to all Texans and will work diligently to create a regulatory program that everyone can be proud of. We are going to evaluate and benchmark our program against other states administering similar transportation network company programs and learn from their failures and successes. We will ensure TDLR’s program incorporates their best practices, or, as we like to say ‘position TDLR to employ the next practices.’ I encourage you to sign up for TDLR’s email notifications so you can stay current on the program’s progress and development.”
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News and Updates
Public Hearing on Proposed Rules
September 20, 2017
The Texas Department of Licensing and Regulation (Department), in accordance with the Administrative Procedure Act, Texas Government Code §2001.029, is holding a public hearing on the proposed rules at 16 Texas Administrative Code, Chapter 95, regarding the Transportation Network Companies program.
The public hearing will be held on Thursday, October 5, 2017, at 9:00 a.m. at the Texas State Capitol, 1400 Congress Ave., Capitol Extension Room E2.010, Austin, Texas.
To view the agenda, visit the Department’s website at: https://www.tdlr.texas.gov/tnc/agendas/agenda100517.htm
The purpose of the hearing is to receive comments from all interested persons concerning the proposed new rules at 16 Texas Administrative Code, Chapter 95, §§95.1, 95.2, 95.10, 95.20 - 95.23, 95.30, 95.31, 95.40, 95.50, 95.51, 95.70 - 95.72, 95.80, 95.90, 95.91 and 95.100, regarding the Transportation Network Companies program. The proposed rules were published in the September 15, 2017, issue of the Texas Register (42 TexReg 4742) and posted on the Department’s website at: https://www.tdlr.texas.gov/tnc/tncprop.htm.
Persons interested in attending this public hearing are encouraged to submit advance written notice of their intent to attend the hearing and to submit a written copy of their comments. Send comments by mail to Pauline Easley, Legal Assistant, General Counsel’s Office, Texas Department of Licensing and Regulation, P.O. Box 12157, Austin, Texas 78711, or by facsimile to (512) 475-3032, or electronically to email@example.com. This hearing will be conducted in accordance with Texas Government Code §2001.
If you require auxiliary aids, services, or materials in an alternate format contact the Texas Department of Licensing and Regulation at least 3 working days prior to the meeting date. PHONE: (512) 463-8179; FAX: (512) 475-3032; E-MAIL: firstname.lastname@example.org, TDD/RELAY TEXAS: 1-800-relay-VV (for voice), 1-800-relay-TX (for TDD).
TDLR Proposes New Administrative Rules
September 15, 2017
The Texas Department of Licensing and Regulation proposes new rules for the Transportation Network Companies program (16 Texas Administrative Code, Chapter 95, §§95.1, 95.2, 95.10, 95.20-95.23, 95.30, 95.31, 95.40, 95.50, 95.51, 95.70 - 95.72, 95.80, 95.90, 95.91 and 95.100). The proposed new rules are necessary to implement House Bill 100.
The proposed rules are published in the September 15, 2017, issue of the Texas Register (42 TexReg 4742). The Department will accept comments on the proposal until October 16, 2017.
The Department encourages anyone interested in the Transportation Network Companies program to review the rule proposal online on the TNC Proposed Rules page. Comments may be submitted by email to email@example.com.
Transportation Network Companies Program FAQs
1. What does House Bill 100 do?
House Bill 100 (85R) establishes a uniform, statewide approach to regulating and permitting transportation network companies (TNCs) through the Texas Department of Licensing and Regulation (TDLR).
2. What is a transportation network company?
A TNC is a corporation, partnership, sole proprietorship, or other entity that, for compensation, enables a passenger to prearrange with a driver, exclusively through the entity’s digital network, a digitally prearranged ride. The term does not include an entity that provides:
- street-hail taxicab services;
- limousine or other car services arranged by a method other than through a digital network;
- shared expense carpool or vanpool arrangements; or
- a type of ride service for which:
- The fee received by the driver does not exceed the driver’s costs of providing the ride; or
- the driver receives a fee that exceeds the driver’s costs associated with providing the ride but makes not more than three round-trips per day between the driver’s or passenger’s place of employment and the driver’s or passenger’s home.
3. When did House Bill 100 (85R) take effect?
On May 29, 2017, Governor Greg Abbott signed House Bill 100. The law went into effect immediately upon his signature.
4. Does that mean existing transportation network companies can operate now in Texas without a local or state permit?
House Bill 100 (85R) provides that, beginning on May 29, 2017, any municipal or other local ordinance or policy related to TNCs or drivers authorized to access TNCs digital networks is void and has no effect. However, this law does not prevent airport owners and governmental entities with jurisdiction over cruise ship terminals from imposing regulations, including a reasonable fee, on a TNC that provides prearranged rides to or from an airport or cruise ship terminal.
An existing TNC operating under a local or municipal ordinance or policy may continue to operate until its application for a TDLR TNC permit has been approved or denied.
5. When can a transportation network company apply for a TDLR permit to operate in Texas?
Once the rules regulating TNCs are adopted and the application is online a TNC must apply for a permit within 30 days. TDLR is currently developing the application process and data system. Join the TDLR email notification list to receive updates regarding the TNC program, including the application process.
6. When will TDLR adopt rules?
TDLR will announce the date the rules will be published in the Texas Register and the rule adoption date through our TDLR email notification list. Sign up now to receive up to the minute updates regarding the TNC permitting process.
TDLR began the rulemaking process by reaching out to stakeholders and consumers to get their input regarding transportation network companies. TDLR’s rulemaking process provides for public notice, public comment, and total transparency. Join the TDLR email notification list today.
7. Are transportation network company drivers required to get a permit or license from TDLR?
No, TNC drivers do not need a permit or license from TDLR. However, drivers must be approved by a TNC to drive for that company in accordance with state law.
8. What should I do if I have a complaint about a transportation network company driver?
Generally, consumers may direct issues or complaints about a driver to the TNC. In addition, House Bill 100 specifically provides that consumer complaints regarding a suspected violation of the TNC’s intoxicating substance policy may be made directly to the TNC through its Internet website.
9. What should I do if I have a complaint about a transportation network company?
Consumer complaints about a TNC operating in Texas can be sent to TDLR at: https://www.tdlr.texas.gov/Complaints
10. How do I stay up-to-date about TDLR’s transportation network companies program?
Subscribe to TDLR’s email notifications and receive the latest TNC program updates.