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.