The Comptroller of Public Accounts adopts an amendment to §5.22 regarding State of Texas travel guidance, with changes to the proposed text as published in the August 14, 2015, issue of the Texas Register (40 TexReg 5138). This amendment is adopted in conjunction with an amendment to §5.1 regarding definitions.

The adopted amendment to subsection (f) clarifies that a transportation network driver is considered to be a "commercial transportation company" under Government Code, §660.092, allowing a state agency to pay or reimburse the expense of transporting a state employee when the transportation is provided by a transportation network driver. In order to protect state employees and the State of Texas from liability, the adopted amendment also requires a commercial transportation company that is eligible to receive payments for transportation expenses to be covered by insurance that covers any accident or loss that occurs while transporting people or goods for pay, as required by law.

One comment was received from Adam Blinick of Uber. He points out that, although the proposed amendment requires the transportation network driver to maintain the insurance coverage, the state "has created the flexibility" for the transportation network driver or the transportation network company to provide the insurance coverage. Mr. Blinick contends that the proposed amendment should be modified to allow the insurance coverage to be provided by either entity. This contention is supported by House Bill 1733, 84th Legislature, 2015. H.B. 1733, which sets forth the requirements for automobile liability insurance for transportation network companies, allows the insurance coverage to be maintained by the transportation network company, the transportation network driver, or a combination of the two entities. In response to this comment and in light of the requirements of H.B. 1733, the agency has incorporated this change in subsection (f)(3)(B). The agency has also added the phrase "as required by law" to clarify that the insurance coverage is subject to the requirements of H.B. 1733.

This amendment is adopted under Government Code, §660.021, which authorizes the comptroller to adopt rules relating to the administration of travel provisions for the State of Texas.

This amendment implements Government Code, §660.092 regarding payment and reimbursement methods.