| |
|
|
A BILL TO BE ENTITLED
|
|
|
AN ACT
|
| |
|
|
relating to the regulation of delivery network companies; requiring |
|
|
an occupational permit; authorizing a fee. |
|
|
BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS: |
|
|
SECTION 1. The heading to Chapter 2402, Occupations Code, |
|
|
is amended to read as follows: |
|
|
CHAPTER 2402. TRANSPORTATION NETWORK AND DELIVERY NETWORK |
|
|
COMPANIES |
|
|
SECTION 2. Section 2402.001, Occupations Code, is amended |
|
|
by amending Subdivisions (1) and (2) and adding Subdivisions (1-a), |
|
|
(1-b), (1-c), (2-a), and (3-a) to read as follows: |
|
|
(1) "Delivery customer" means an individual who orders |
|
|
or receives a digitally prearranged delivery through a delivery |
|
|
network company's digital network undertaken by a delivery person. |
|
|
(1-a) "Delivery network company" means a business |
|
|
entity that offers or uses a digital network to arrange for the |
|
|
delivery of food, beverages, or consumer goods from a restaurant or |
|
|
retail establishment to a delivery customer. The term does not |
|
|
include an entity that only delivers products that the entity |
|
|
produces or stores on the entity's premises. |
|
|
(1-b) "Delivery person" means an individual who |
|
|
undertakes a digitally prearranged delivery in this state using a |
|
|
delivery network company's digital network. |
|
|
(1-c) "Department" means the Texas Department of |
|
|
Licensing and Regulation. |
|
|
(2) "Digital network" means any online-enabled |
|
|
application, website, or system offered or used by: |
|
|
(A) a transportation network company that |
|
|
enables the prearrangement of rides between passengers and drivers; |
|
|
or |
|
|
(B) a delivery network company that enables |
|
|
digitally prearranged deliveries. |
|
|
(2-a) "Digitally prearranged delivery" means the |
|
|
transport and delivery or attempted delivery of goods to a delivery |
|
|
customer that is prearranged through a delivery network company's |
|
|
digital network. The term may include the selection or collection |
|
|
of items for delivery by an individual using a delivery network |
|
|
company's digital network and other tasks incidental to delivery. |
|
|
(3-a) "Driver" means an individual who undertakes a |
|
|
digitally prearranged ride between points chosen by a passenger. |
|
|
SECTION 3. Section 2402.002, Occupations Code, is amended |
|
|
to read as follows: |
|
|
Sec. 2402.002. NATURE OF TRANSPORTATION NETWORK AND |
|
|
DELIVERY NETWORK COMPANIES, DRIVERS, DELIVERY PERSONS, AND |
|
|
VEHICLES. Transportation network companies, delivery network |
|
|
companies, and drivers or delivery persons logged in to the |
|
|
company's digital network are not common carriers, contract |
|
|
carriers, or motor carriers. |
|
|
SECTION 4. Section 2402.003(a), Occupations Code, is |
|
|
amended to read as follows: |
|
|
(a) Notwithstanding any other provision of law, and except |
|
|
as provided by Subsections (b) and (c), the regulation of |
|
|
transportation network companies, delivery network companies, |
|
|
drivers or delivery persons logged in to a digital network, and |
|
|
vehicles used to provide digitally prearranged rides or deliveries: |
|
|
(1) is an exclusive power and function of this state; |
|
|
and |
|
|
(2) may not be regulated by a municipality or other |
|
|
local entity, including by: |
|
|
(A) imposing a tax; |
|
|
(B) requiring an additional license or permit; |
|
|
(C) setting rates; |
|
|
(D) imposing operational or entry requirements; |
|
|
or |
|
|
(E) imposing other requirements. |
|
|
SECTION 5. Section 2402.004, Occupations Code, is amended |
|
|
to read as follows: |
|
|
Sec. 2402.004. PROVISIONS APPLICABLE TO DRIVERS AND |
|
|
DELIVERY PERSONS LOGGED IN TO DIGITAL NETWORK. A provision of this |
|
|
chapter that applies to a driver or delivery person logged in to a |
|
|
digital network applies while the driver or delivery person is |
|
|
logged in: |
|
|
(1) to receive requests for digitally prearranged |
|
|
rides or deliveries; or |
|
|
(2) [and] while [the driver is logged in and] |
|
|
providing a digitally prearranged ride or delivery. |
|
|
SECTION 6. Section 2402.051(a), Occupations Code, is |
|
|
amended to read as follows: |
|
|
(a) A person may not operate a transportation network |
|
|
company or delivery network company in this state without obtaining |
|
|
and maintaining a permit issued under this chapter. |
|
|
SECTION 7. Section 2402.052, Occupations Code, is amended |
|
|
to read as follows: |
|
|
Sec. 2402.052. FEE. (a) A transportation network company |
|
|
or delivery network company shall annually pay to the department a |
|
|
fee to maintain a permit under this chapter in an amount determined |
|
|
by department rule to cover the costs of administering this |
|
|
chapter. |
|
|
(b) The department may not impose a fee for: |
|
|
(1) drivers or delivery persons authorized to use a |
|
|
transportation network company's or delivery network company's |
|
|
digital network; or |
|
|
(2) vehicles used to provide digitally prearranged |
|
|
rides or deliveries. |
|
|
SECTION 8. Chapter 2402, Occupations Code, is amended by |
|
|
adding Subchapter C-1 to read as follows: |
|
|
SUBCHAPTER C-1. OPERATION OF DELIVERY NETWORK COMPANIES |
|
|
Sec. 2402.131. INTOXICATING SUBSTANCE POLICY. (a) A |
|
|
delivery network company shall implement an intoxicating substance |
|
|
policy that prohibits a delivery person who is logged in to the |
|
|
company's digital network from any amount of intoxication. |
|
|
(b) A delivery network company shall include on its Internet |
|
|
website or digital network application: |
|
|
(1) a notice concerning the company's intoxicating |
|
|
substance policy; and |
|
|
(2) the means to make a complaint about a suspected |
|
|
violation of the policy. |
|
|
(c) A delivery network company shall maintain records |
|
|
relevant to a complaint for a period of at least two years after the |
|
|
date the complaint is received. |
|
|
Sec. 2402.132. DELIVERY PERSON REQUIREMENTS. (a) Before a |
|
|
delivery network company authorizes an individual to access the |
|
|
company's digital network as a delivery person, the company must: |
|
|
(1) confirm that the individual: |
|
|
(A) is at least 18 years of age; and |
|
|
(B) maintains: |
|
|
(i) valid government-issued photo |
|
|
identification; or |
|
|
(ii) if the individual indicates an |
|
|
intention to undertake digitally prearranged deliveries by motor |
|
|
vehicle, a valid driver's license issued by this state or another |
|
|
state; |
|
|
(2) conduct, or cause to be conducted, a local, state, |
|
|
and national criminal background check for the individual that |
|
|
includes the use of: |
|
|
(A) a commercial multistate and |
|
|
multijurisdiction criminal records locator or other similar |
|
|
commercial nationwide database; and |
|
|
(B) the national sex offender public website |
|
|
maintained by the United States Department of Justice or a |
|
|
successor agency; and |
|
|
(3) if the individual indicates an intention to |
|
|
undertake digitally prearranged deliveries by motor vehicle, |
|
|
obtain and review the individual's driving record. |
|
|
(b) A delivery network company may not permit an individual |
|
|
to log in as a delivery person on the company's digital network if: |
|
|
(1) the individual has been convicted in the preceding |
|
|
seven-year period of any of the following: |
|
|
(A) driving while intoxicated under Section |
|
|
49.04 or 49.045, Penal Code; |
|
|
(B) use of a motor vehicle to commit a felony; |
|
|
(C) a felony crime involving property damage; |
|
|
(D) fraud; |
|
|
(E) theft; |
|
|
(F) an act of violence; or |
|
|
(G) an act of terrorism; |
|
|
(2) the individual is found to be registered in the |
|
|
national sex offender public website maintained by the United |
|
|
States Department of Justice or a successor agency; or |
|
|
(3) for an individual who is authorized to undertake |
|
|
digitally prearranged deliveries by motor vehicle, the individual |
|
|
has been convicted in the three-year period preceding the issue |
|
|
date of the driving record obtained under Subsection (a)(3) of: |
|
|
(A) more than four offenses classified by the |
|
|
Department of Public Safety as moving violations; or |
|
|
(B) one or more of the following offenses: |
|
|
(i) fleeing or attempting to elude a police |
|
|
officer under Section 545.421, Transportation Code; |
|
|
(ii) reckless driving under Section |
|
|
545.401, Transportation Code; |
|
|
(iii) driving without a valid driver's |
|
|
license under Section 521.025, Transportation Code; or |
|
|
(iv) driving with an invalid driver's |
|
|
license under Section 521.457, Transportation Code. |
|
|
(c) A delivery network company shall conduct or cause to be |
|
|
conducted a criminal background check before authorizing a delivery |
|
|
person to access the company's digital network. |
|
|
(d) A delivery network company shall restrict a delivery |
|
|
person's access to the company's digital network at the request of |
|
|
law enforcement or on receipt of a court order. |
|
|
Sec. 2402.133. NONDISCRIMINATION. (a) A delivery network |
|
|
company shall adopt a policy that prohibits a delivery person |
|
|
logged in to the company's digital network from discriminating on |
|
|
the basis of a delivery customer's or potential delivery customer's |
|
|
geographical location or destination, race, color, national |
|
|
origin, religious belief or affiliation, sex, disability, or age. |
|
|
(b) For the purposes of Subsection (a), "sex" means the |
|
|
physical condition of being male or female. |
|
|
(c) A delivery network company shall notify each person |
|
|
authorized to log in as a delivery person on the company's digital |
|
|
network of the nondiscrimination policy. A delivery person logged |
|
|
in to the company's digital network shall comply with the |
|
|
nondiscrimination policy. |
|
|
(d) A delivery network company may not impose an additional |
|
|
charge for delivery to individuals with physical disabilities |
|
|
because of those disabilities. |
|
|
Sec. 2402.134. DELIVERY PERSONS AS INDEPENDENT |
|
|
CONTRACTORS. A delivery person is considered an independent |
|
|
contractor for all purposes, and not an employee of a delivery |
|
|
network company in any manner, if: |
|
|
(1) the company does not: |
|
|
(A) prescribe the specific hours during which the |
|
|
delivery person is required to be logged in to the company's digital |
|
|
network; |
|
|
(B) impose restrictions on the delivery person's |
|
|
ability to use other delivery network companies' digital networks; |
|
|
(C) prescribe the territory within which the |
|
|
delivery person may provide deliveries; or |
|
|
(D) restrict the delivery person from engaging in |
|
|
another occupation or business; and |
|
|
(2) the company and the delivery person agree in |
|
|
writing that the delivery person is an independent contractor. |
|
|
SECTION 9. Section 2402.151, Occupations Code, is amended |
|
|
by adding Subsection (a-1) to read as follows: |
|
|
(a-1) A delivery network company shall maintain records |
|
|
evidencing compliance with the requirements of this chapter for a |
|
|
period of two years. |
|
|
SECTION 10. Section 2402.152, Occupations Code, is amended |
|
|
to read as follows: |
|
|
Sec. 2402.152. COLLECTION, USE, OR DISCLOSURE OF RECORDS |
|
|
AND OTHER COMPANY INFORMATION. (a) Any records, data, or other |
|
|
information disclosed to a public entity in this state, including |
|
|
the department, by a transportation network company or delivery |
|
|
network company, including names, addresses, and any other |
|
|
personally identifiable information of drivers or delivery persons |
|
|
is not subject to disclosure under Chapter 552, Government Code. |
|
|
(b) A public entity, including the department, may not |
|
|
disclose any records, data, or other information provided by a |
|
|
transportation network company or delivery network company under |
|
|
this chapter to a third party except in compliance with a court |
|
|
order or subpoena. If information provided under this chapter is |
|
|
sought through a court order or subpoena, the public entity shall |
|
|
promptly notify the transportation network company or delivery |
|
|
network company to afford the company the opportunity to take |
|
|
actions to prevent disclosure. |
|
|
(c) In collecting, using, or disclosing any records, data, |
|
|
or other information submitted by a transportation network company |
|
|
or delivery network company under this chapter, a public entity, |
|
|
including the department, shall: |
|
|
(1) consider the potential risks to the privacy of the |
|
|
individuals whose information is being collected, used, or |
|
|
disclosed; |
|
|
(2) ensure that the information to be collected, used, |
|
|
or disclosed is necessary, relevant, and appropriate to the proper |
|
|
administration of this chapter; and |
|
|
(3) take all reasonable measures and make all |
|
|
reasonable efforts to protect, secure, and, where appropriate, |
|
|
encrypt or limit access to the information. |
|
|
(d) A transportation network company or delivery network |
|
|
company required to submit, disclose, or otherwise provide |
|
|
personally identifiable information of drivers or delivery persons |
|
|
to a public entity of this state, including the department, is not |
|
|
liable in any civil or criminal action for any unauthorized |
|
|
disclosure, misuse, alteration, destruction, access or |
|
|
acquisition, or use of the information that occurs while the |
|
|
information is in the possession of any public entity of this state. |
|
|
SECTION 11. Section 2402.153, Occupations Code, is amended |
|
|
to read as follows: |
|
|
Sec. 2402.153. DISCLOSURE OF PASSENGER OR DELIVERY CUSTOMER |
|
|
INFORMATION. (a) A transportation network company or delivery |
|
|
network company may disclose a passenger's or delivery customer's |
|
|
personal identifying information to a third party only if: |
|
|
(1) the passenger or delivery customer consents; |
|
|
(2) the disclosure is required by a legal obligation; |
|
|
or |
|
|
(3) the disclosure is required to: |
|
|
(A) protect or defend the terms of use of the |
|
|
transportation network company or delivery network company |
|
|
service; or |
|
|
(B) investigate a violation of those terms. |
|
|
(b) Notwithstanding Subsection (a), a transportation |
|
|
network company or delivery network company may share a passenger's |
|
|
or delivery customer's name with a driver or delivery person |
|
|
accessing the company's digital network to facilitate: |
|
|
(1) identification of the passenger or delivery |
|
|
customer by the driver or delivery person; or |
|
|
(2) communication between the passenger or delivery |
|
|
customer and the driver or delivery person. |
|
|
SECTION 12. Section 2402.154, Occupations Code, is amended |
|
|
to read as follows: |
|
|
Sec. 2402.154. DATA SHARING WITH MUNICIPALITY. A |
|
|
municipality and a transportation network company or delivery |
|
|
network company may voluntarily enter into an agreement under which |
|
|
the company shares the company's data with the municipality. |
|
|
SECTION 13. Section 2402.201, Occupations Code, is amended |
|
|
to read as follows: |
|
|
Sec. 2402.201. PERMIT SUSPENSION OR REVOCATION. The |
|
|
department may suspend or revoke a permit issued to a |
|
|
transportation network company or delivery network company that |
|
|
violates a provision of this chapter. |
|
|
SECTION 14. This Act takes effect September 1, 2025. |
|
|
|
|
|
* * * * * |