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Texas Occupations Code - OCC § 2402.132. Delivery Person Requirements

Current as of January 01, 2024 | Updated by Findlaw Staff

(a) Before a delivery network company authorizes an individual to access the company's digital network as a delivery person, the company must:

(1) confirm that the individual:

(A) is at least 18 years of age;  and

(B) maintains:

(i) valid government-issued photo identification;  or

(ii) if the individual indicates an intention to undertake digitally prearranged deliveries by motor vehicle, a valid driver's license issued by this state or another state;

(2) conduct, or cause to be conducted, a local, state, and national criminal background check for the individual 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 maintained by the United States Department of Justice or a successor agency;  and

(3) if the individual indicates an intention to undertake digitally prearranged deliveries by motor vehicle, obtain and review the individual's driving record.

(b) A delivery network company may not permit an individual to log in as a delivery person on the company's digital network if:

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

(A) driving while intoxicated under Section 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;

(2) the individual is found to be registered in the national sex offender public website maintained by the United States Department of Justice or a successor agency;  or

(3) for an individual who is authorized to undertake digitally prearranged deliveries by motor vehicle, the individual has been convicted in the three-year period preceding the issue date of the driving record obtained under Subsection (a)(3) of:

(A) more than four offenses classified by the Department of Public Safety as moving violations;  or

(B) one or more of the following offenses:

(i) fleeing or attempting to elude a police officer under Section 545.421, Transportation Code;

(ii) reckless driving under Section 545.401, Transportation Code;

(iii) driving without a valid driver's license under Section 521.025, Transportation Code;  or

(iv) driving with an invalid driver's license under Section 521.457, Transportation Code.

(c) A delivery network company shall conduct or cause to be conducted a criminal background check before authorizing a delivery person to access the company's digital network.

(d) A delivery network company shall restrict a delivery person's access to the company's digital network at the request of law enforcement or on receipt of a court order.

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Cite this article: FindLaw.com - Texas Occupations Code - OCC § 2402.132. Delivery Person Requirements - last updated January 01, 2024 | https://codes.findlaw.com/tx/occupations-code/occ-sect-2402-132/

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