By Allen H.B. No. 209
74R235 GCH-F
A BILL TO BE ENTITLED
1-1 AN ACT
1-2 relating to the regulation of tour bus companies.
1-3 BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
1-4 SECTION 1. Section 1(c), Chapter 270, Acts of the 40th
1-5 Legislature, Regular Session, 1927 (Article 911a, Vernon's Texas
1-6 Civil Statutes), is amended to read as follows:
1-7 (c) The term "Motor Bus Company" when used in this Act means
1-8 every corporation or persons as herein defined, their lessees,
1-9 trustees, receivers, or trustees appointed by any court whatsoever,
1-10 owning, controlling, operating or managing any motor propelled
1-11 passenger vehicle not usually operated on or over rails, and
1-12 engaged in the business of transporting persons for compensation or
1-13 hire over the public highways within the State of Texas, whether
1-14 operating over fixed routes or fixed schedules, or otherwise.
1-15 However, the term "Motor Bus Company" as used in this Act shall not
1-16 include:
1-17 (1) corporations or persons, their lessees, trustees,
1-18 or receivers, or trustees appointed by any court whatsoever,
1-19 insofar as they own, control, operate, or manage motor propelled
1-20 passenger vehicles operated wholly within the limits of any
1-21 incorporated town or city, and the suburbs thereof, whether
1-22 separately incorporated or otherwise;
1-23 (2) corporations or persons to the extent that they
1-24 own, control, operate, or manage vehicles in compliance with the
2-1 Texas Motor Vehicle Safety-Responsibility Act (Article 6701h,
2-2 Vernon's Texas Civil Statutes) and only when those vehicles are
2-3 used to provide transportation subsidized in whole or part by and
2-4 provided under contract to clients of the Texas Department on
2-5 Aging, Texas Commission on Alcohol and Drug Abuse, Texas Commission
2-6 for the Blind, Texas Cancer Council, Texas Department of Housing
2-7 and Community Affairs, Texas Commission for the Deaf and Hearing
2-8 Impaired, Texas Department of Health, Texas Department of Human
2-9 Services, Texas Department of Mental Health and Mental Retardation,
2-10 Texas Rehabilitation Commission, community action agencies created
2-11 as provided by federal law, and the Texas Youth Commission, and
2-12 each agency shall stipulate in the contract with a transportation
2-13 provider the amount of liability insurance coverage necessary for
2-14 vehicles covered under this subsection;
2-15 (3) corporations or persons to the extent that they
2-16 own, control, operate, or manage vehicles used for van-pooling or
2-17 any other nonprofit ride-sharing arrangement by which a group of
2-18 people share the expense of operating or owning and operating a
2-19 vehicle in which they commute to and from work with one member of
2-20 the group serving as driver in exchange for transportation to and
2-21 from work and reasonable personal use of the vehicle; <or>
2-22 (4) corporations or persons, their lessees, trustees,
2-23 or receivers, or trustees appointed by any court whatsoever,
2-24 insofar as they own, control, operate, or manage motor propelled
2-25 taxicabs designed for carrying no more than five passengers; or
2-26 (5) corporations or persons, their lessees, trustees,
2-27 or receivers, or trustees appointed by a court, to the extent that
3-1 they own or operate a tour bus company as defined by Section 4A of
3-2 this Act.
3-3 SECTION 2. Chapter 270, Acts of the 40th Legislature,
3-4 Regular Session, 1927 (Article 911a, Vernon's Texas Civil
3-5 Statutes), is amended by adding Section 4A to read as follows:
3-6 Sec. 4A. (a) In this section:
3-7 (1) "Bus" means a motor vehicle that is designed to
3-8 transport more than 15 persons, including the driver, on a public
3-9 highway and that is not operated on rails or propelled by overhead
3-10 trolley wires.
3-11 (2) "Charter service" means the transportation by a
3-12 tour bus company of persons who are traveling together for a trip
3-13 or tour, who are assembled by a person other than the tour bus
3-14 company, and who collectively contract with the tour bus company
3-15 for the use of the company's equipment for the duration of the trip
3-16 or tour.
3-17 (3) "Special service" means the transportation by a
3-18 tour bus company, other than on a fixed regular route, of persons
3-19 who are traveling together and who are assembled by the tour bus
3-20 company through the sale of individual tickets.
3-21 (4) "Tour bus company" means an individual or a
3-22 corporation or other legal entity that owns, leases, or operates
3-23 one or more intercity buses used for the transportation of persons
3-24 for compensation or hire on public highways other than on fixed
3-25 regular routes.
3-26 (b) A tour bus company may not operate intrastate charter or
3-27 special service without holding a permit issued by the Commission.
4-1 (c) To be eligible to be granted a permit, a tour bus
4-2 company must apply to the Commission on a form prescribed by the
4-3 Commission, pay a permit fee of $50, and meet minimum liability and
4-4 property damage insurance requirements required by Commission rules
4-5 applicable to motor bus companies. In addition, if the applicant
4-6 is currently operating in another jurisdiction, the applicant must
4-7 submit evidence satisfactory to the Commission that the applicant
4-8 has a satisfactory safety rating from the United States Department
4-9 of Transportation. An applicant is not required to prove that the
4-10 public convenience and necessity require that the permit be
4-11 granted.
4-12 (d) A permit issued under this section is renewable annually
4-13 on payment of a renewal fee in the amount of the initial permit
4-14 fee. A permit issued under this section is not transferable or
4-15 assignable.
4-16 (e) The Commission may not regulate the interstate
4-17 operations of a tour bus company and, except as provided by this
4-18 section, may not regulate the intrastate operations of a tour bus
4-19 company holding a permit issued under this section.
4-20 (f) The holder of a permit issued under this section shall
4-21 display cab cards and identifying marks in the manner required of
4-22 motor bus companies under Section 11-A of this Act.
4-23 (g) After notice and hearing under Chapter 2001, Government
4-24 Code, the Commission may suspend or revoke a permit issued under
4-25 this section if it determines that the holder of the permit has
4-26 failed to maintain applicable minimum insurance requirements or is
4-27 in continuing violation of safety standards provided by federal or
5-1 state law.
5-2 (h) The Department of Public Safety shall notify the
5-3 Commission monthly of violations reported to the department of
5-4 safety standards or rules of the road by a holder of a permit
5-5 issued under this section or its employees.
5-6 (i) Fees collected under Subsections (c) and (d) of this
5-7 section shall be deposited in the state treasury to the credit of
5-8 an account in the general revenue fund that may be appropriated to
5-9 the Commission only for the enforcement of this Act.
5-10 SECTION 3. A person holding a certificate or permit of
5-11 public convenience and necessity issued by the Railroad Commission
5-12 of Texas before the effective date of this Act and in effect on
5-13 that date is not required to obtain a permit under Section 4A,
5-14 Chapter 270, Acts of the 40th Legislature, Regular Session, 1927
5-15 (Article 911a, Vernon's Texas Civil Statutes), as added by this
5-16 Act, to continue the person's business as authorized by the
5-17 certificate or permit immediately before the effective date of this
5-18 Act but is required to renew the certificate or permit in the
5-19 manner required by that section.
5-20 SECTION 4. This Act takes effect September 1, 1995.
5-21 SECTION 5. The importance of this legislation and the
5-22 crowded condition of the calendars in both houses create an
5-23 emergency and an imperative public necessity that the
5-24 constitutional rule requiring bills to be read on three several
5-25 days in each house be suspended, and this rule is hereby suspended.