In this article:
means any online-enabled application, software, website,
or system offered or used by a transportation network company that
enables a prearranged ride with a transportation network company driver.
means the permission granted by the city to operate a TNC
inside the city for a period of one year, renewable under the provisions
of this chapter. The permit term shall automatically renew for additional
terms of one (1) year upon payment of fees, unless a party sends written
notice of termination to the other party at least thirty (30) days
prior to the end of the then current term.
means transportation provided by a transportation network
company driver to a transportation network company rider or passenger,
beginning at the time a driver accepts a ride requested by a rider
or passenger through a digital network controlled by a transportation
network company and ending at the time the last requesting rider departs
from the driver’s personal vehicle. The term does not include:
means a corporation, partnership, sole proprietorship, or
other entity operating in this state that uses a digital network to
connect a transportation network company rider to a transportation
network company driver for a prearranged ride. The term does not include
an entity arranging non-emergency medical transportation under a contract
with the state or a managed care organization for individuals qualifying
for Medicaid or Medicare.
shall mean an individual who operates a motor vehicle that
is:
means an individual who uses a transportation network company’s
digital network to connect with a transportation network company driver
who provides a prearranged ride to the individual in the driver’s
personal vehicle between points chosen by the individual.
shall mean transportation of a passenger between points chosen
by the passenger and prearranged with a TNC driver through the use
of a TNC digital network or software application. TNC services shall
begin when a TNC driver accepts a request for transportation received
through the TNC’s digital network or software application, continues
while the TNC driver transports the passenger in the TNC driver’s
vehicle, and ends when the passenger exits the TNC driver’s
vehicle. TNC service is not a taxicab or street hail service.
(Ordinance 16-001, sec. 2, adopted 1/12/16)
(a)
A
TNC or TNC driver may charge a fare for the services provided to passengers;
provided that, if a fare is charged, the TNC shall disclose to passengers
the fare calculation method on its website or within the software
application service. The TNC shall also provide passengers with the
option to receive an estimated fare before the passenger enters the
TNC driver’s vehicle.
(b)
If
a TNC utilizes dynamic pricing through its software application to
incentivize drivers in an effort to maximize the supply of available
vehicles on the network to match the demand for rides and increase
reliability, the software application must:
(1)
Provide clear and visible indication that dynamic pricing is in effect
prior to requesting a ride;
(2)
Include a feature that requires riders to confirm that they understand
that dynamic pricing will be applied in order for the ride request
to be completed;
(3)
Provide a fare estimator that enables the user to estimate the cost
under dynamic pricing prior to requesting the ride; and [sic]
(Ordinance 16-001, sec. 2, adopted 1/12/16)
The TNC must maintain an agent for service of process in the
state.
(Ordinance 16-001, sec. 2, adopted 1/12/16)
Before a TNC ride is accepted, the TNC’s software application
or website shall display the driver’s first name, an accurate
picture of the TNC driver, a picture or description of the vehicle,
and the license plate number of the motor vehicle utilized for providing
the TNC service.
(Ordinance 16-001, sec. 2, adopted 1/12/16)
Within a reasonable period of time following the completion
of a trip, a TNC shall transmit an electronic receipt to the passenger
that lists:
(1)
The
origin and destination of the trip;
(2)
The
total time and distance of the trip; and
(3)
An
itemization of the total fare paid, if any.
(Ordinance 16-001, sec. 2, adopted 1/12/16)
(a)
The
TNC shall implement a zero tolerance policy on the use of drugs or
alcohol while a TNC driver is providing TNC services or is logged
into the TNC’s digital network but is not providing TNC services,
and shall provide notice of this policy on its website, as well as
procedures to report a complaint about a driver with whom a passenger
was matched and whom the passenger reasonably suspects was under the
influence of drugs or alcohol during the course of the trip.
(b)
Upon
receipt of such passenger complaint alleging a violation of the zero
tolerance policy, the TNC shall immediately suspend such TNC driver’s
access to the TNC’s digital platform, and shall conduct an investigation
into the reported incident. The suspension shall last the duration
of the investigation.
(c)
The
TNC shall maintain records relevant to the enforcement of this requirement
for a period of at least two years from the date that a passenger
complaint is received by the TNC.
(Ordinance 16-001, sec. 2, adopted 1/12/16)
A TNC driver shall exclusively accept rides booked through a
TNC’s digital network or software application service and shall
not solicit or accept street hails.
(Ordinance 16-001, sec. 2, adopted 1/12/16)
The TNC shall adopt a policy prohibiting solicitation or acceptance
of cash payments from passengers and notify TNC drivers of such policy.
TNC drivers shall not solicit or accept cash payments from passengers.
Any payment for TNC services shall be made only electronically using
the TNC’s digital network or software application.
(Ordinance 16-001, sec. 2, adopted 1/12/16)
(a)
The
TNC shall adopt a policy of non-discrimination on the basis of destination,
race, color, national origin, religious belief or affiliation, sex,
disability, age, sexual orientation, or gender identity with respect
to passengers and potential passengers and notify TNC drivers of such
policy.
(b)
TNC
drivers shall comply with all applicable laws regarding non-discrimination
against passengers or potential passengers on the basis of destination,
race, color, national origin, religious belief or affiliation, sex,
disability, age, sexual orientation, or gender identity.
(c)
TNC
drivers shall comply with all applicable laws relating to accommodation
of service animals.
(d)
A
TNC shall not impose additional charges for providing services to
persons with physical disabilities because of those disabilities.
(e)
A
TNC shall provide passengers an opportunity to indicate whether they
require a wheelchair-accessible vehicle. If a TNC cannot arrange wheelchair-accessible
TNC service in any instance, it shall direct the passenger to an alternate
provider of wheelchair-accessible service, if available.
(Ordinance 16-001, sec. 2, adopted 1/12/16)
(a)
A
TNC shall maintain:
(1)
Individual trip records which must include driver and passenger identity
information for at least one year from the date each trip was provided;
and
(2)
TNC driver records at least until the one-year anniversary of the
date on which a TNC driver’s activation on the TNC digital network
has ended.
(b)
Within
seven (7) business days of the receipt of a duly issued subpoena,
court order or warrant relating to investigation of a criminal matter,
or within a longer period of time if agreed to by the parties, the
TNC shall furnish the requested records to the chief of police. For
any noncriminal investigations conducted by the chief of police in
his administrative capacity, a TNC will conduct an internal investigation
and shall within ten (10) business days or within a longer period
of time if agreed to by the parties furnish records in response to
a written request related to the underlying complaint, in accordance
with its publicly posted privacy policies.
(c)
Any
record or information made available by a TNC to the city pursuant
to this article may be confidential and proprietary. If the city is
required to disclose such confidential information under court order
or other applicable law, the city shall promptly notify the TNC of
such requirement, prior to disclosure in accordance with the Texas
Public Information Act or other applicable law.
(Ordinance 16-001, sec. 2, adopted 1/12/16)
A TNC shall not disclose a passenger’s personal identity
information to a third party unless: the passenger consents, disclosure
is required by a legal obligation, or disclosure is required to protect
or defend the terms of use of the service or to investigate violations
of those terms. In addition to the foregoing, a TNC shall be permitted
to share a passenger’s name and/or anonymized telephone number
with the TNC driver providing TNC services to such passenger in order
to facilitate correct identification of the passenger by the TNC driver,
or to facilitate communication between the passenger and the TNC driver.
(Ordinance 16-001, sec. 2, adopted 1/12/16)
