Texas Administrative Code
Title 16 - ECONOMIC REGULATION
Part 4 - TEXAS DEPARTMENT OF LICENSING AND REGULATION
Chapter 95 - TRANSPORTATION NETWORK COMPANIES
Section 95.10 - Rule Construction
Universal Citation: 16 TX Admin Code ยง 95.10
Current through Reg. 49, No. 12; March 22, 2024
(a) Nothing in these rules shall be construed to:
(1)
prohibit an airport or cruise ship terminal from:
(A) imposing regulations including a
reasonable fee to or from airport or cruise ship terminal;
(B) enforcing those regulations in a manner
consistent with any compliance, assurances, and obligations under federal law,
rules, regulations, and policies; or
(C) from requesting third-party auditable
reports of the numbers of rides to and from an airport or cruise ship terminal;
or
(2) authorize an
airport or cruise ship terminal to compel data sharing or to impose additional
requirements on a personal vehicle or driver; including, tracking of the
vehicle or driver when logged into the digital network.
(3) prohibit transportation network companies
and airports or cruise ship terminals from entering into mutual data sharing
agreements.
(b) For purposes of this section, a reasonable fee means a fee:
(1) established using one of the following
fee setting methodologies for airports which provides for a self-sustaining and
market based fee consistent with guidelines published by the Federal Aviation
Administration and:
(A) imposed on May 29,
2017 by an airport;
(B) calculated
by the costs of airport facilities and services used for non-aeronautical
services including a market-based return proportionate to the uses of the
facility. The fee resulting from the fee setting methodology must be
transparent, and not unjustly discriminatory.
(C) for an airport that did not have a fee
imposed on the date referenced in paragraph (1)(A), and that adopts the fees
imposed on the date in paragraph (1)(A) by an airport with a similar number of
passengers boarding annually, or uses the fee setting methodology in paragraph
(1)(B); or
(D) mutually agreed upon
by the transport network company and the airport.
(E) A reasonable fee established under this
section may include an adjustment escalator option based on an appropriate
index selected by the airport which incorporates geographic economic
conditions.
(2) the fee
setting methodology for cruise ship terminals using one of the following fee
setting methodologies including fees:
(A)
imposed on May 29, 2017 by a cruise ship terminal;
(B) calculated by the costs of cruise ship
terminal facilities and services including a market-based return proportionate
to the uses of the facility. The fee resulting from the fee setting methodology
must be transparent and not unjustly discriminatory;
(C) of a cruise ship terminal that did not
have a fee imposed on the date referenced in paragraph (2)(A), and that adopts
the fee imposed on the date in paragraph (2)(A) by a cruise ship terminal with
a similar number of passengers boarding annually, or performs a cost-of-service
study under paragraph (2)(B); or
(D) mutually agreed upon by the
transportation network company and the cruise ship terminal.
(E) A reasonable fee established under this
section may include an adjustment escalator option based on an appropriate
index selected by the cruise ship terminal which incorporates geographic
economic conditions.
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