SECTION 95.10. Rule Construction

(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.

Source Note: The provisions of this §95.10 adopted to be effective December 1, 2017, 42 TexReg 6615