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Page 137
Suggested Citation:"TEXAS." National Academies of Sciences, Engineering, and Medicine. 2008. Survey of Laws and Regulations of Airport Commercial Ground Transportation. Washington, DC: The National Academies Press. doi: 10.17226/23085.
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Suggested Citation:"TEXAS." National Academies of Sciences, Engineering, and Medicine. 2008. Survey of Laws and Regulations of Airport Commercial Ground Transportation. Washington, DC: The National Academies Press. doi: 10.17226/23085.
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Suggested Citation:"TEXAS." National Academies of Sciences, Engineering, and Medicine. 2008. Survey of Laws and Regulations of Airport Commercial Ground Transportation. Washington, DC: The National Academies Press. doi: 10.17226/23085.
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Suggested Citation:"TEXAS." National Academies of Sciences, Engineering, and Medicine. 2008. Survey of Laws and Regulations of Airport Commercial Ground Transportation. Washington, DC: The National Academies Press. doi: 10.17226/23085.
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Suggested Citation:"TEXAS." National Academies of Sciences, Engineering, and Medicine. 2008. Survey of Laws and Regulations of Airport Commercial Ground Transportation. Washington, DC: The National Academies Press. doi: 10.17226/23085.
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Suggested Citation:"TEXAS." National Academies of Sciences, Engineering, and Medicine. 2008. Survey of Laws and Regulations of Airport Commercial Ground Transportation. Washington, DC: The National Academies Press. doi: 10.17226/23085.
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Suggested Citation:"TEXAS." National Academies of Sciences, Engineering, and Medicine. 2008. Survey of Laws and Regulations of Airport Commercial Ground Transportation. Washington, DC: The National Academies Press. doi: 10.17226/23085.
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Suggested Citation:"TEXAS." National Academies of Sciences, Engineering, and Medicine. 2008. Survey of Laws and Regulations of Airport Commercial Ground Transportation. Washington, DC: The National Academies Press. doi: 10.17226/23085.
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Suggested Citation:"TEXAS." National Academies of Sciences, Engineering, and Medicine. 2008. Survey of Laws and Regulations of Airport Commercial Ground Transportation. Washington, DC: The National Academies Press. doi: 10.17226/23085.
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Suggested Citation:"TEXAS." National Academies of Sciences, Engineering, and Medicine. 2008. Survey of Laws and Regulations of Airport Commercial Ground Transportation. Washington, DC: The National Academies Press. doi: 10.17226/23085.
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Below is the uncorrected machine-read text of this chapter, intended to provide our own search engines and external engines with highly rich, chapter-representative searchable text of each book. Because it is UNCORRECTED material, please consider the following text as a useful but insufficient proxy for the authoritative book pages.

139 TEXAS Statewide Regulations The State of Texas generally regulates motor vehicles operating or based in the state. Tex. Transp. Code § 5.001 (2007). For more information, visit the Texas DOT Web site at http://www.dot.state.tx.us. Case History A taxicab company filed suit alleging that a municipal government violated federal antitrust law when it granted exclusive franchises for airport passenger carriers. The court held that a municipal government and local taxicab company did not violate antitrust law by awarding franchises to operators at local airports. Tex. Rev. Civ. Stat. Ann. art. 46d-14 expresses a policy of the State of Texas to regulate taxicabs at airports instead of relying on competition. Taxicab operators and local authorities are, therefore, immune from the antitrust rules. Woolen v. Surtran Taxicabs, 801 F.2d 159 (5th Cir., 1986). An off-site parking and shuttle vendor challenged a local ordinance creating pickup and drop-off zones at a local airport. On appeal, the court addressed the legality of the ordinance establishing these zones. The court held that ordinances regulating pickup and drop-off zones used by certain ground transporters may not arbitrarily or capriciously require competing operators to use disadvantageous or dangerous zones. The ordinance in question was arbitrary and capricious because it unreasonably discriminated against interstate commerce. Park 'n Fly of Texas v. Houston, 327 F. Supp. 910 (S.D. Tex. 1971). Texas—Austin-Bergstrom International Airport (AUS) Overview AUS is owned and operated by the City of Austin. The primary sources of regulation are the Airport’s Rules for Commercial Ground Transportation Service Providers and Austin City Code Chapter 13-1. The Airport’s Rules for Commercial Ground Transportation Service Providers is an AUS document that is based on and references the City Code. It focuses exclusively on ground transportation and provides additional guidance to commercial operators; therefore, parts of the City Code covered by the rules will not be covered in this report. AUS is a semi-closed system. Local Airport’s Rules for Commercial Ground Transportation Service Providers Cited as: Airport Rules § x (2005). Records and Permits Operators must obtain an Airport Operating Permit. Airport Rules § II (2005). Vehicle Rules Vehicles must be properly identified, registered,

140 and inspected. Airport Rules § VII (2005). Operating Rules Drivers must visit the Ground Transportation Staging Area (GTSA) before loading passengers. Airport Rules § VII (2005). All vehicles will be issued a GTSA debit card. The card is used at the GTSA to collect trip fees. Id. Driver conduct is closely regulated and must comply with good behavior and customer service standards outlined in Airport Rules §§ VIII, IX (2005). Taxicab Rules Drivers may only pick up unarranged rides at the Ready Stand, and they must be in possession of certain required documents. Airport Rules § XIII (2005). Only limited, explicit, fare refusals are permitted. Special procedures are permitted for short trips. Id. Additional Rules for Charters, Shuttles, and Limousines Some special operating rules accommodate drivers. Drivers leaving their vehicles to meet prearranged passengers must visibly display their GTSA card on the dash of the vehicle. Airport Rules § X (2005). Charter vehicles may not arrive at the curbside until the GTSA confirms flight arrival. Airport Rules § XI (2005). Courtesy vehicles may only operate in a limited capacity. They may not wait at the loading area. Airport Rules § XII (2005). Suspension and Revocation The director may issue suspensions or revocations for a number of violations. Airport Rules § XV (2005). Violators may appeal the punishment to the director. The director’s written decision is final. Airport Rules § XVI (2005). City Code Cited as: City Code § x (2007). Off-Airport Car Rental Services The airport director issues annual permits if an off-site company conducts business on airport grounds. Austin, Tex., City Code § 13-1-163 (2007). The permit fee is based upon annual gross receipts. Id.

141 Federal Jurisdiction Vehicles carrying passengers with immediate prior or subsequent movement by air and staying within a 25-mi radius of AUS are exempt from FMCSA regulations. 49 C.F.R. § 372.117 (2007). Transportation within the municipal limits of Austin is exempt. Contact Information General Information (512) 530-2242 Business and Properties (512) 530-7551 Ground Transportation (512) 530-3300 Texas—Dallas Love Field (DAL) Overview DAL is owned and operated by the City of Dallas. The primary source of regulation at the airport is the Dallas City Code. “[T]he city has established a ground transportation system at the airport designed to control traffic congestion, protect the public health and safety, preserve the airport infrastructure, and provide beneficial and convenient ground transportation services to air carrier passengers and other users at the airport.” Dallas, Tex., City Code § 5-57 (2007). DAL is a semi-closed system. Local Dallas City Code Cited as: City Code § x (2007). Permits Operators picking up passengers at DAL must be licensed by the City of Dallas. City Code § 5- 60 (2007). Vehicles licensed by another municipality may only drop off passengers. Id. All vehicles must have an operable AVI tag and a decal. City Code § 5-61 (2007). Limousines and Shuttle Buses Vehicles must have an AVI tag, and drivers must comply with all applicable rules. City Code § 10A-461 (2007). All lawful orders of the director must be complied with. Id. Courtesy Services Passengers may only be loaded in designated zones. City Code § 5-62 (2007). Drivers must possess certain vehicle, company, and personal documentation whenever operating on airport property. Id.

142 Fees: 1. Annual fee. 2. Trip fee. 3. Decal fee. City Code § 5-63 (2007). Violations: The director may suspend a driver or operator’s permit if certain violations occur. City Code § 5- 62 (2007). Notice must be given to suspended drivers and operators. Id. A suspended party shall have the opportunity to appeal to the Permit and Licensing Board under City Code § 2-96 (2007). Taxicabs Permit fees are set according to a fixed schedule. City Code § 45-212 (2007). Fares and trip fees are set by the city. Id. Federal Jurisdiction Vehicles carrying passengers with immediate prior or subsequent movement by air and staying within a 25-mi radius of DAL are exempt from FMCSA regulations. 49 C.F.R. § 372.117 (2007). Transportation within the municipal limits of Dallas is exempt. 49 U.S.C.S. § 13506 (2007). Contact Information General Information (214) 670-6073 Administration (214) 670-6073 Media Relations (214) 670-6142 Operations (214) 670-6156

143 Texas—Dallas-Fort Worth International Airport (DFW) Overview The main source of commercial ground transportation regulation at DFW is the Airport’s Code of Rules and Regulations of the Dallas-Fort Worth International Airport Board (Airport Code). The Airport Code governs operations on airport property under authority from the Texas Legislature and includes all applicable state laws. Tex. Transp. Code Ann. § 22.082 (2003). The Airport Board, an independent authority, operates the airport. Board members are appointed by the Cities of Dallas and Fort Worth. More general statewide regulations are created by the Texas Transportation Commission. Tex. Transp. Code Ann. title I, II, VI, VII (2007). DFW is a semi-closed system. Local Code of Rules and Regulations of the Dallas-Fort Worth International Airport Board The Airport Code is the primary source of regulation within the geographical boundaries of Dallas- Fort Worth International Airport. Dallas-Fort Worth, Tex., Int’l. Apt. Bd. Code ch. 1 § 3 (2001). Cited as: Airport Code ch. x § x (2001). Traffic Regulations The airport board has authority to create parking and traffic rules and restricted-access zones. Airport Code ch. 2 §§ 1-8 (2001). The code explains the administrative procedures for adjudicating parking violations. Violations are processed by a director-appointed hearing officer, and the code presumes that the vehicle owner is liable for a citation. Airport Code ch. 2 § 12 (2001). Operating Authority Vehicles must have operating authority from the airport administrator. However, certain types of trips, and those operators with USDOT- authorized regularly scheduled routes, may be exempt. Airport Code ch. 4 § 1, 2-1 (2001). Driver Permits No person may operate a vehicle on DFW property without a valid airport driver’s permit. Airport Code ch. 4 § 3 (2001). The administrator is authorized to determine driver qualifications and fees, and conduct criminal background checks. Id. The code provides procedures to investigate and punish drivers that violate the Airport Code. Id. General and Driver Rules and Regulations Vehicles using the holding stand must follow holding stand rules and procedures. Airport

144 Code ch. 4 § 5-1 (2001). The driver must possess certain required information and paperwork for each prearranged ride. Airport Code ch. 4 § 5-3 (2001). Taxicabs and limousines must maintain daily manifests and meet the code’s minimum level of customer service. Airport Code ch. 4 § 5-9 (2001). Taxicab and limousine fares may not exceed the maximum fares listed in the Airport Rules. Airport Code ch. 4 § 5-10 (2001). Inspections and Enforcement In order to receive an operating permit, vehicles must not exceed certain age and mileage maximums. Vehicles beyond these limits must pass an inspection. Airport Code ch. 4 § 7-2 (2001). The administrator and his or her representatives shall have the power to make inspections, be assisted by the Department of Public Safety, and confiscate evidence of code violations. Airport Code ch. 4 §§ 8-1, 8-4 (2001). Airport Code ch. 5 §§ 7, 8 (2001). Courtesy Vehicles Courtesy vehicles must obtain operating authority from the administrator. Airport Code ch. 5 § 2 (2001). The code provides a process for permit applications, operating rules, and procedures for suspensions, revocations, and fees. Id. Vehicles are inspected and issued decals by the airport administration, and each courtesy vehicle must meet insurance requirements. Airport Code ch. 5 § 7 (2001). Rental Cars All rental car company operations take place at the Consolidated Rental Car Facility. Airport Code ch. 5 § 5-3 (2001). Rental car companies may not provide courtesy vehicles between the terminal and the Consolidated Rental Car Facility. Airport Code ch. 5 § 5 (2001). Appeals Drivers or operators wishing to appeal a violation may file an appeal in municipal court; the case is heard de novo. Airport Code ch. 2 § 12 subsec.15 (2001).

145 Case History The defendant received a speeding ticket from a local municipal peace officer while on airport grounds. The defendant challenged the municipality’s authority to regulate traffic safety when the airport maintained its own police force. The Airport Code can be enforced by both airport police and the law enforcement agents of adjacent municipalities with concurrent jurisdiction. Roberts v. State, 49 S.W.3d 89, 91 (Tex. App. 2001). Federal Jurisdiction Vehicles staying within a 25-mi radius of DFW and carrying passengers with immediate prior or subsequent movement by air are exempt from FMCSA regulations. 49 C.F.R. § 372.117 (2007). Transportation within the municipal limits of Dallas, Fort Worth, or any other municipality whose boundaries are within the airport boundaries is exempt. 49 U.S.C.S. § 13506 (2007). Contact Information General Information (972) 574-8888 Ground Transportation (972) 574-5878 Administration Offices (972) 574-6000 Operations (972) 574-8986 Download the Airport Code at http://www.dfwairport.com/airport/publications.htm. Houston Airport System Texas—George Bush Intercontinental Airport (IAH) and Texas—Houston Hobby Airport (HOU) Overview IAH and HOU are owned by the City of Houston and operated by the City’s Department of Aviation. The City Municipal Code and the Airport Rules provide the primary regulation for ground transportation services within the Houston Airport System. IAH and HOU use semi-closed systems. Local Houston Airport System Operating Instructions.—All information taken from the Houston Airport System Operating Instructions: Tenants—Taxicab Service (2007). Operating Rules Taxicab owners and drivers must obtain permits before picking up passengers. All drivers must comply with the airport’s conduct and duty rules, privilege restrictions, multiple loadings rules, short trip requirements, loading and unloading procedures, and fee requirements.

146 Drivers must purchase trip tickets and submit one ticket per trip along with certain required information. All regulations in the City of Houston Code of Ordinances shall apply at the airport. Violations Taxicab permits may be suspended or revoked by airport officials. Hearing procedures are outlined in the Airport Rules. Violators are placed on a restriction called “Code 5” that limits activity at both HOU and IAH. Violations are processed by a director-appointed hearing officer. The airport may issue warnings, mandatory retraining, fines, and suspensions. City Regulations.—The Department of Aviation Traffic Engineer is responsible for all landside traffic rules and signage. City of Houston Code of Ordinances § 9-32 (2007). Cited as: Ordinances § x-x (2007). General Requirements All vehicles must have a permit. Ordinances § 9- 52 (2007). Permit applications must contain a fee and certain documentation, including business information and proof of necessary insurance (as dictated by the Code of Ordinances). Ordinances § 9-53 (2007). A table of per-trip fees is provided in the City of Houston Code of Ordinances. Ordinances § 9, table 1 (2007). Valet Service The airport director may contract to provide valet service at the airport. Rates will be set forth in the contract. Ordinances § 950 (2007). Courtesy Vehicles Vehicles must be marked as courtesy vehicles, be operated only incidentally as part of a business operation, and charge no fare. Ordinances § 9-51 (2007). Car Rentals All car rental operations, both on-site and off- site, are based in the Consolidated Car Rental Facility. Ordinances § 9-51 (2007). Violations Violators are subject to civil proceedings against the city. Ordinances § 9-51 (2007). Permits may be restricted or revoked if the operator commits certain violations; the director may use a demerit system to track violations. City of Houston Code of Ordinances § 9-53

147 (2007). The director must provide notice, an opportunity to respond, and at least an informal hearing. Ordinances § 9-51 (2007). Contract Service The director may enter into contracts with operators and grant them exclusive operating rights. Ordinances § 9-57 (2007). In exchange for a city contract, operators must provide additional documentation, maintain inspection-worthy vehicles, post a bond, and pay additional fees. Id. Regularly scheduled transportation providers must obtain a license from the Finance and Administration Department. Ordinances § 9-58 (2007). Federal Jurisdiction Vehicles carrying passengers with immediate prior or subsequent movement by air and staying within a 25-mi radius of IAH and HOU are exempt from FMCSA regulations. 49 C.F.R. § 372.117 (2007). Transportation within the municipal limits of Houston, Baytown, La Porte, and Lomax, Tex., is exempt. 49 U.S.C.S. § 13506 (2007). FMCSA Regulations app. F (2007). Contact Information General Information—IAH (281) 230-3100 Houston Airport System Information (281) 233-3000 Media Hotline (281) 233-1234 Open Records Administration (281) 233-3129 Texas—San Antonio International Airport (SAT) Overview SAT is owned and operated by the City of San Antonio. The primary source of regulation is found within the San Antonio City Code. SAT is a semi-closed system. Local San Antonio City Code Cited as: City Code § x (2007).

148 Records and Permits Operators must provide extensive documentation to the Permit Office. Among other requirements, operators must show insurance coverage, proof of vehicle inspections, and title. City Code §§ 3-22, 3-46 (2007). Permit fees are set according to a fixed schedule. City Code § 346 (2007). Taxicabs Operations A per-trip fee is collected from taxicabs in a manner mandated by the director. San Antonio, Tex., City Code § 3-79 (2007). Taxicabs must use the holding area and may not solicit passengers. City Code §§ 3-79, 3-84 (2007). Car Rental Operations Car rental operators must obtain a nonexclusive user permit and pay a fee based on a percentage of revenues. The permit allows the operator to access the airport during the course of business with airport passengers. City Code § 3-85 (2007). Enforcement Violations are Class C misdemeanor and punishable through the local courts. City Code § 3-148 (2007). Federal Jurisdiction Vehicles carrying passengers with immediate prior or subsequent movement by air and staying within a 25-mi radius of SAT are exempt from FMCSA regulations. 49 C.F.R. § 372.117 (2007). Transportation within the municipal limits of San Antonio is exempt. 49 U.S.C.S. § 13506 (2007). Contact Information General Information (210) 207-3411 Airport Administration (210) 207-3450 Media Relations (210) 207-3534

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TRB’s Airport Cooperative Research Program (ACRP) Legal Research Digest 3: Survey of Laws and Regulations of Airport Commercial Ground Transportation explores guidance, including regulations, statutes, policies, and decisions pertaining to commercial ground transportation at U.S. airports. The report defines ground transportation as including public transit, door-to-door shuttle van service, charter buses, limousines, rental cars, taxicabs, hotel courtesy shuttles, wheel chair services, and courier operators.

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