1. (a) The executive commissioner shall adopt rules regarding the manner in which nonmedical transportation services may be arranged and provided.

2. (b) The rules must require a Medicaid managed care organization to create a process to:

   1. (1) verify that a passenger is eligible to receive nonmedical transportation services;
   2. (2) ensure that nonmedical transportation services are provided only to and from covered health care services in areas in which a transportation network company operates; and
   3. (3) ensure the timely delivery of nonmedical transportation services to a recipient, including by setting reasonable service response goals.

3. (c) The rules must require a transportation vendor to, before permitting a motor vehicle operator to provide nonmedical transportation services:

   1. (1) confirm that the operator:

      1. (A) is at least 18 years of age;
      2. (B) maintains a valid driver's license issued by this state, another state, or the District of Columbia; and
      3. (C) possesses proof of registration and automobile financial responsibility for each motor vehicle to be used to provide nonmedical transportation services;

   2. (2) conduct, or cause to be conducted, a local, state, and national criminal background check for the operator that includes the use of:

      1. (A) a commercial multistate and multijurisdiction criminal records locator or other similar commercial nationwide database; and
      2. (B) the national sex offender public website the United States Department of Justice or a successor agency maintains;

   3. (3) confirm that any vehicle to be used to provide nonmedical transportation services:

      1. (A) meets the applicable requirements of Chapter 548, Transportation Code; and
      2. (B) except as provided by Section 540A.0156, has at least four doors; and
   4. (4) obtain and review the operator's driving record.

4. (d) The rules may not permit a motor vehicle operator to provide nonmedical transportation services if the operator:

   1. (1) has been convicted in the three-year period preceding the issue date of the driving record obtained under Subsection (c)(4) of:

      1. (A) more than three offenses the Department of Public Safety classifies as moving violations; or

      2. (B) one or more of the following offenses:

         1. (i) fleeing or attempting to elude a police officer under Section 545.421, Transportation Code;
         2. (ii) reckless driving under Section 545.401, Transportation Code;
         3. (iii) driving without a valid driver's license under Section 521.025, Transportation Code; or
         4. (iv) driving with an invalid driver's license under Section 521.457, Transportation Code;

   2. (2) has been convicted in the preceding seven-year period of any of the following:

      1. (A) driving while intoxicated under Section 49.04 or 49.045, Penal Code;
      2. (B) use of a motor vehicle to commit a felony;
      3. (C) a felony crime involving property damage;
      4. (D) fraud;
      5. (E) theft;
      6. (F) an act of violence; or
      7. (G) an act of terrorism; or
   3. (3) is found to be registered in the national sex offender public website the United States Department of Justice or a successor agency maintains.

Added by Acts 2023, 88th Leg., R.S., Ch. 769 (H.B. 4611), Sec. 1.01, eff. April 1, 2025.