HB 3966, Sen 2nd Rdg, Amnd #F1

Amend HB 3966 (senate committee report) by striking all below the enacting clause and substituting the following:

SECTION 1. Subtitle C, Title 5, Business & Commerce Code, is amended by adding Chapter 121 to read as follows:

CHAPTER 121. REGULATION OF COMMERCIAL PASSENGER BUS SERVICES

Sec. 121.001. DEFINITIONS. In this chapter:

(1) "Commercial passenger bus service" means a business that in exchange for compensation operates a passenger bus service that provides regularly scheduled intercity bus transportation to passengers using buses with at least 35 seats. The term does not include a public transit service provided by or on behalf of a transit authority or district, transit department, municipality, political subdivision, or other local governmental entity.

(2) "Terminal" means an installation:

(A) located on the premises of a commercial passenger bus service; and

(B) at which tickets are sold to passengers by the service.

Sec. 121.002. NOTIFICATION OF NEW TERMINALS. (a) Except as provided by Subsection (d), at least 90 calendar days before the date an owner or operator of a commercial passenger bus service begins operating a new terminal located in this state, the owner or operator shall provide notice of the proposed terminal to the community in which the terminal is to be located as prescribed by Subsection (b).

(b) The notice required by this section must:

(1) be published in a newspaper of general circulation in the municipality:

(A) in which the proposed terminal is to be located; or

(B) nearest to the proposed location of the terminal; and

(2) except as provided by Subsection (c), if the elementary or middle school nearest to the proposed location of the terminal provides a bilingual education program as required by Subchapter B, Chapter 29, Education Code, be published by the owner or operator at least once in an additional publication of general circulation in the municipality or county in which the terminal is proposed to be located that is published in the language taught in the bilingual education program.

(c) An owner or operator of a commercial bus service does not have to comply with the requirements of Subsection (b)(2) if:

(1) a publication described by that subdivision does not exist; or

(2) the publisher of a publication that meets the requirements of that subdivision refuses to publish notice.

(d) An owner or operator of a commercial passenger bus service does not have to comply with this section if the owner or operator is operating or intends to temporarily operate the new terminal in response to an unforeseen emergency, including a natural disaster or road closures.