Title OC, Occupations Code

Sec. 2402.001. DEFINITIONS. In this chapter: Text of subdivision as amended by Acts 2025, 89th Leg., R.S., Ch. 227 (H.B. 4215), Sec. 2 (1) "Delivery customer" means an individual who orders or receives a digitally prearranged delivery through a delivery network company's digital …

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 carrier…

Sec. 2402.003. CONTROLLING AUTHORITY. (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…

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 reque…

Sec. 2402.005. APPLICABILITY TO AUTOMATED MOTOR VEHICLES. (a) A corporation, partnership, sole proprietorship, or other entity that, for compensation, enables a passenger to prearrange a ride in an automated motor vehicle through the entity's digital network is a transportation n…

Sec. 2402.051. PERMIT REQUIRED. (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. (b) The department shall issue a permit to each applicant that meets the r…

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 …

Sec. 2402.101. INSURANCE REQUIRED. The requirements of Chapter 1954, Insurance Code, apply to transportation network companies and drivers logged in to a digital network. Added by Acts 2017, 85th Leg., R.S., Ch. 231 (H.B. 100), Sec. 1, eff. May 29, 2017.

Sec. 2402.102. SHARED RIDES. A digitally prearranged ride may be wholly or partly shared by multiple passengers if the passengers consent to sharing the ride. Added by Acts 2017, 85th Leg., R.S., Ch. 231 (H.B. 100), Sec. 1, eff. May 29, 2017.

Sec. 2402.103. FARES. A transportation network company that charges a fare for a digitally prearranged ride shall: (1) disclose to passengers the fare calculation method on the digital network; and (2) before the passenger enters the vehicle for the ride, provide through the digi…

Sec. 2402.104. DIGITAL NETWORK IDENTIFICATION OF DRIVERS AND VEHICLES TO PASSENGERS. A transportation network company shall, before a passenger enters a vehicle for a digitally prearranged ride, provide through the company's digital network to the passenger requesting the ride: (…

Sec. 2402.105. ELECTRONIC RECEIPT. Within a reasonable time following the completion of a digitally prearranged ride, the transportation network company whose digital network was used to prearrange the ride shall transmit, through electronic mail or text message, a receipt to the…

Sec. 2402.106. INTOXICATING SUBSTANCE POLICY. (a) A transportation network company shall implement an intoxicating substance policy that prohibits a driver who is logged in to the company's digital network from any amount of intoxication. (b) A transportation network company shal…

Sec. 2402.107. DRIVER REQUIREMENTS. (a) Before permitting an individual to log in as a driver on the company's digital network, a transportation network company must: (1) confirm that the individual: (A) is at least 18 years of age; (B) maintains a valid driver's license issued b…

Sec. 2402.1075. HUMAN TRAFFICKING AWARENESS AND PREVENTION TRAINING MATERIALS REQUIRED. (a) A transportation network company shall annually provide to each driver who is authorized to log in to the company's digital network human trafficking awareness and prevention training mate…

Sec. 2402.108. DIGITALLY PREARRANGED RIDES ONLY. A driver who is logged in to a digital network may not solicit or provide a ride for compensation unless the passenger has been matched to the driver through the digital network. Added by Acts 2017, 85th Leg., R.S., Ch. 231 (H.B. 1…

Sec. 2402.109. PASSENGER ACTING IN UNLAWFUL, DISORDERLY, OR ENDANGERING MANNER. A driver who has accepted a digitally prearranged ride may refuse to transport a passenger acting in an unlawful, disorderly, or endangering manner. Added by Acts 2017, 85th Leg., R.S., Ch. 231 (H.B. …

Sec. 2402.110. DISPLAY OF DIGITAL IDENTIFICATION. (a) In this section, "digital identification" means information stored on a digital network that may be accessed by a driver and that: (1) serves as proof of the identity of the driver; (2) serves as proof that the insurance cover…

Sec. 2402.111. VEHICLE REQUIREMENTS. (a) A transportation network company shall, for each motor vehicle used by a driver to provide digitally prearranged rides through the company's digital network: (1) require the vehicle to meet the requirements of Chapter 548, Transportation C…

Sec. 2402.112. NONDISCRIMINATION; ACCESSIBILITY. (a) A transportation network company shall adopt a policy that prohibits a driver logged in to the company's digital network from: (1) discriminating on the basis of a passenger's or potential passenger's location or destination, r…

Sec. 2402.113. ACCESSIBILITY PILOT PROGRAM. (a) Each transportation network company shall conduct, for a period of two years beginning not later than the 90th day after the date the company is issued a permit under Section 2402.051, an accessibility pilot program in one of the fo…

Sec. 2402.114. DRIVERS AS INDEPENDENT CONTRACTORS. A driver who is authorized to log in to a transportation network company's digital network is considered an independent contractor for all purposes, and not an employee of the company in any manner, if: (1) the company does not: …

Sec. 2402.115. AGREEMENTS WITH LOCAL ENTITIES FOR LARGE EVENTS. Notwithstanding Section 2402.003, a municipality or other local entity may contract with a transportation network company operating in the municipality's or entity's jurisdiction for the coordination of large events …

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 i…

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) val…

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 de…

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…

Sec. 2402.151. RETENTION AND SUBMISSION OF RECORDS. (a) A transportation network company shall maintain: (1) records evidencing compliance with the requirements of this chapter for a period of two years; (2) individual ride records for at least five years after the date the ride …

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 nam…

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 cus…

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. Added by Acts 2017, 85th Leg., R.S., Ch.…

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. Added by Acts 2017, 85th Leg., R.S., Ch. 231 (H.B. 100), Sec. 1, eff. Ma…

Sec. 2501.001. DEFINITIONS. In this chapter: (1) "Applicant" means a person who: (A) engages the services of a personnel service to secure employment; or (B) is placed with an employer by a personnel service. (2) Repealed by Acts 2011, 82nd Leg., R.S., Ch. 102, Sec. 2(1), eff. Ma…

Sec. 2501.002. EXCEPTION. This chapter does not apply to: (1) a personnel service operated by the United States, this state, or a municipality of this state; (2) a personnel service operated by a person who does not assess a fee if the personnel service is operated in conjunction…

Sec. 2501.101. PROHIBITED PRACTICES. (a) An owner, operator, counselor, agent, or employee of a personnel service may not: (1) share or attempt to share a fee paid by a person seeking employment or an employer with an employer or an agent or employee of an employer or another per…

Sec. 2501.102. IMPOSITION OF FEE PROHIBITED BEFORE EMPLOYMENT OFFER ACCEPTED. Notwithstanding any refund policy, an owner, operator, counselor, agent, or employee of a personnel service may not impose a fee on an applicant until the applicant accepts an offer of employment result…

Sec. 2501.103. CHARGING OF FEE IN EXCESS OF CERTAIN AMOUNT PROHIBITED IF EMPLOYMENT TERMINATED. An owner, operator, counselor, agent, or employee of a personnel service may not charge an applicant a fee that exceeds 20 percent of the applicant's gross wages if: (1) the employment…

Sec. 2501.201. LIABILITY FOR DAMAGES. (a) In this section, "knowingly" means actual awareness of the act or practice that is the alleged violation. Actual awareness may be inferred if any objective manifestation indicates that the person acted with actual awareness. (b) A person …

Sec. 2501.202. INJUNCTION AND OTHER REMEDIES. A plaintiff in an action filed under Section 2501.201 may obtain: (1) an order enjoining the defendant from violating this chapter; (2) any order necessary to restore to the plaintiff any property acquired by the defendant in violatio…

Sec. 2501.203. AWARD OF ATTORNEY'S FEES. (a) A plaintiff who prevails in an action filed under Section 2501.201 is entitled to receive court costs and reasonable and necessary attorney's fees. (b) On finding that an action filed under Section 2501.201 is groundless and was brough…

Sec. 2501.204. DECEPTIVE TRADE PRACTICE. A violation of this chapter is a false, misleading, or deceptive act or practice within the meaning of Section 17.46, Business & Commerce Code, and any public or private right or remedy authorized by Subchapter E, Chapter 17, Business & Co…

Sec. 2501.251. CRIMINAL PENALTY. (a) A person commits an offense if the person knowingly violates this chapter. (b) An offense under this section is a Class A misdemeanor. Added by Acts 2001, 77th Leg., ch. 1421, Sec. 6, eff. June 1, 2003.

Sec. 2501.252. TRADE SECRET. A service file is a trade secret for purposes of Section 31.05, Penal Code. Added by Acts 2001, 77th Leg., ch. 1421, Sec. 6, eff. June 1, 2003.

Sec. 2501.254. EFFECT ON OTHER REMEDIES AND ENFORCEMENT POWERS. This chapter does not affect a public or private remedy or enforcement power available under other law. Added by Acts 2001, 77th Leg., ch. 1421, Sec. 6, eff. June 1, 2003.