(a) For purposes of this section, "Market" means the legal boundaries of a municipality as defined in §1.005 of the Local Government Code or the metropolitan statistical area as defined by the Office of Management and Budget.
(b) A permit holder must electronically file with the department reports required by subsections (c)(1) and (d).
(c) For purposes of the required Disability Compliance Report, the transportation network company is required to submit the information in subsection (c)(1) and (c)(2) within the 100th day after the transportation network company begins a pilot program.
  (1) Disability Compliance Report. A report under this paragraph must include:
    (A) Criteria for determining the four largest markets that the transportation company operates in this state;
      (i) Identify the market(s) in which the transportation network company implemented the Accessibility Pilot Program; and
      (ii) Explain the reason(s) for selecting the market(s) that the transportation network company used to implement the Accessibility Pilot Program.
    (B) The services offered to passengers with disabilities, including such passengers using a fixed-frame wheelchair.
    (C) A step-by-step explanation demonstrating the process for an individual to join and utilize the accessibility functions of their transportation network service Accessibility Pilot Program.
    (D) A detailed plan that ensures referrals to alternate providers of fixed-frame wheelchair-accessible service are made in a manner that does not unreasonably delay the provision of service. The detailed plan must at a minimum:
      (i) explain why the alternate provider of fixed-frame wheelchair-accessible service will not cause unreasonable delay in service;
      (ii) include the initial number of alternate providers;
      (iii) provide the average number of vehicles equipped to provide fixed-frame wheelchair-accessible service and available to each alternate provider;
      (iv) state the hours each alternate provider of fixed frame wheelchair-accessible service is available for service; and
      (v) describe the procedures to monitor and ensure alternate providers meet and maintain service levels that do not unreasonably delay fixed-frame wheelchair-accessible service.
  (2) Disability Compliance Report Data Requirements. A report under this paragraph also must include:
    (A) The number of vehicles equipped to accommodate a passenger with a fixed-frame wheelchair that were available through the company's digital network in the Accessible Pilot Program market.
    (B) The number of fixed-frame wheelchair requests.
    (C) The number of rides provided to passengers using fixed-frame wheelchairs.
    (D) The number of instances in which the company referred a passenger using a fixed-frame wheelchair to an alternate provider because the passenger could not be accommodated by the company.
    (E) Average wait times for Accessibility Pilot Program market area. The permit holder must track and report the average time elapsed between the time a passenger initially requested a ride and the time the ride began for each:
      (i) passenger using a fixed-frame wheelchair serviced by the permit holder;
      (ii) passenger using a fixed-frame wheelchair referred to an alternate provider; and
      (iii) non-wheelchair accessible requested ride.
  (3) A report submitted under this subsection that fails to demonstrate compliance will be considered incomplete and subject to correction and resubmission.
  (4) The report must contain a table of contents with each section of the report marked to identify the content cross referenced to each paragraph and subparagraph of this section.
  (5) A transportation network company may submit supplemental reports to the department every 90th day.
(d) Accessibility Pilot Program Report. The report required by this subsection must be aggregated in ninety (90) day increments. The report must include final values for the entire period of the Accessibility Pilot Program and at a minimum include:
  (1) The number of vehicles equipped to accommodate a passenger using a fixed-frame wheelchair that were available through the company's digital network in the Accessibility Pilot Program market.
  (2) The number of fixed-frame wheelchair requests.
  (3) The number of rides provided to passengers using a fixed-frame wheelchair.
  (4) The number of instances in which the company referred a passenger using a fixed-frame wheelchair to an alternate provider because the passenger could not be accommodated by the company.
  (5) Average wait times for Accessibility Pilot Program market area. The permit holder must track and report the average time elapsed between the time a passenger initially requested a ride and the time the ride began for each:
    (A) passenger using a fixed-frame wheelchair serviced by the permit holder;
    (B) passenger using a fixed-frame wheelchair referred to an alternate provider; and
    (C) non-wheelchair accessible requested ride.

Source Note: The provisions of this §95.50 adopted to be effective December 1, 2017, 42 TexReg 6615; amended to be effective February 15, 2019, 44 TexReg 589