(a) The executive commissioner shall adopt rules regarding the manner in which nonmedical transportation services may be arranged and provided.
(b) The rules must require a Medicaid managed care organization to create a process to:
(1) verify that a passenger is eligible to receive nonmedical transportation services;
(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) ensure the timely delivery of nonmedical transportation services to a recipient, including by setting reasonable service response goals.

(c) The rules must require a transportation vendor to, before permitting a motor vehicle operator to provide nonmedical transportation services:
(1) confirm that the operator:
(A) is at least 18 years of age;
(B) maintains a valid driver’s license issued by this state, another state, or the District of Columbia; and
(C) possesses proof of registration and automobile financial responsibility for each motor vehicle to be used to provide nonmedical transportation services;
(2) conduct, or cause to be conducted, a local, state, and national criminal background check for the operator that includes the use of:
(A) a commercial multistate and multijurisdiction criminal records locator or other similar commercial nationwide database; and
(B) the national sex offender public website the United States Department of Justice or a successor agency maintains;
(3) confirm that any vehicle to be used to provide nonmedical transportation services:
(A) meets the applicable requirements of Chapter 548, Transportation Code; and
(B) except as provided by Section 540A.0156, has at least four doors; and
(4) obtain and review the operator’s driving record.
(d) The rules may not permit a motor vehicle operator to provide nonmedical transportation services if the operator:
(1) has been convicted in the three-year period preceding the issue date of the driving record obtained under Subsection (c)(4) of:
(A) more than three offenses the Department of Public Safety classifies as moving violations; or
(B) one or more of the following offenses:
(i) fleeing or attempting to elude a police officer under § 545.421, Transportation Code;
(ii) reckless driving under § 545.401, Transportation Code;
(iii) driving without a valid driver’s license under § 521.025, Transportation Code; or
(iv) driving with an invalid driver’s license under § 521.457, Transportation Code;
(2) has been convicted in the preceding seven-year period of any of the following:
(A) driving while intoxicated under § 49.04 or 49.045, Penal Code;
(B) use of a motor vehicle to commit a felony;
(C) a felony crime involving property damage;
(D) fraud;
(E) theft;
(F) an act of violence; or
(G) an act of terrorism; or
(3) is found to be registered in the national sex offender public website the United States Department of Justice or a successor agency maintains.

Text of section effective on April 01, 2025