By: Bailey (Senate Sponsor - Gallegos) H.B. No. 2338
         (In the Senate - Received from the House April 26, 2007;
  April 27, 2007, read first time and referred to Committee on
  Intergovernmental Relations; May 9, 2007, reported favorably by
  the following vote:  Yeas 5, Nays 0; May 9, 2007, sent to printer.)
 
 
A BILL TO BE ENTITLED
 
AN ACT
 
  relating to the authority of certain municipalities to regulate a
  vehicle operating as a limousine.
         BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
         SECTION 1.  Section 215.004, Local Government Code, is
  amended to read as follows:
         Sec. 215.004.  TAXICABS AND LIMOUSINES.  (a)  To protect the
  public health, safety, and welfare, a municipality by ordinance:
               (1)  shall license, control, and otherwise regulate
  each private passenger vehicle, regardless of how it is propelled,
  that provides passenger taxicab transportation services for
  compensation and [,] is designed for carrying no more than eight
  passengers; and
               (2)  may license, control, and otherwise regulate each
  private passenger vehicle, regardless of how it is propelled, that
  provides passenger limousine transportation services for
  compensation and is designed for carrying no more than 15
  passengers.
         (a-1)  Subsection (a) applies to a taxicab or limousine
  service that[, and] is operated:
               (1)  within the jurisdiction of the municipality;
               (2)  on property owned by the municipality, singly or
  jointly with one or more other municipalities or public agencies;
               (3)  on property in which the municipality possesses an
  ownership interest; or
               (4)  by transporting from the municipality, municipal
  property, or property in which the municipality has an interest and
  returning to it.
         (b)  The ordinance may include:
               (1)  regulation of the entry into the business of
  providing passenger taxicab or limousine transportation services,
  including controls, limits, or other restrictions on the total
  number of persons providing the services;
               (2)  regulation of the rates charged for the provision
  of the services;
               (3)  establishment of safety and insurance
  requirements; and
               (4)  any other requirement adopted to ensure safe and
  reliable passenger transportation service.
         (c)  In regulating passenger taxicab or limousine
  transportation services under this section, a municipality is
  performing a governmental function. A municipality may carry out
  the provisions of this section to the extent the governing body of
  the municipality considers it necessary or appropriate.
         (d)  The provisions of this section relating to the
  regulation of limousine transportation services apply only to a
  municipality with a population of more than 1.9 million.
         SECTION 2.  This Act takes effect September 1, 2007.
 
  * * * * *