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Texas Legislature Clears Road For Uber and Lyft To Return To Austin (austinmonitor.com)

schwit1 shared this article from the Austin Monitor: The Texas Legislature has cleared the road for Uber and Lyft to return to Austin on their own terms. On Wednesday, the state Senate overwhelmingly approved House Bill 100 on second and third readings, sending the statewide ride-hailing regulations to Governor Greg Abbott's desk for his signature. If Abbott signs it, as he is expected to do, the new law will preempt regulations City Council passed in December 2015 that both Uber and Lyft deemed too restrictive on transportation network companies such as themselves.
The new rules still require criminal background checks, but drop the requirement for fingerprinting. "We find it unfortunate that the 36 lobbyists deployed by the Silicon Valley giants were effective in convincing the State Legislature that there was a need to overrule the Austin voters," said a local ride-sharing company, which vowed to continue operating -- and to at least continue fingerprinting their own drivers. Houston's mayor complained the new statewide rules handed down are "another example of the legislature circumventing local control to allow corporations to profit at the expense of public safety."

18 of 107 comments (clear)

  1. taxi robbery by KiloByte · · Score: 3, Insightful

    "another example of the legislature circumventing local control to allow corporations to profit at the expense of public safety."

    As opposed to taxi mafia bribing the legislature to profit at the expense of the public?

    Uber might have its flaws, but they're strictly better than taxi corporations (for everyone who's not a member of the taxi mafia, doesn't profit from selling medallions/etc, and doesn't get bribes^Wcampaign donation from said mafia).

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    1. Re:taxi robbery by ShanghaiBill · · Score: 2

      As opposed to taxi mafia bribing the legislature to profit at the expense of the public?

      Yes. The Austin law was stupid and anti-competitive. But they have a right to be stupid, and if the citizens of Austin don't like it they can vote the incumbents out. If we give up local control just because a particular law is stupid, then we also give up local control on every other issue.

      The Texas legislature should keep out of local affairs, just as the Feds should keep out of state affairs.

      Disclaimer: I don't live in Texas, but I have been to Austin many times. I would MUCH rather live under the rule of the Austin city council than the Texas legislature, despite the stupidity of this particular law.

    2. Re:taxi robbery by SumDog · · Score: 4, Informative

      > Uber might have its flaws

      Have you been reading Slashdot? Every week there's a story about Uber. We know their work environment is over-competitive and toxic. They have a "Hell" map that uses fake accounts to show all rival ride-share driver locations (including Lyft and taxi companies with their own apps), several high ranking Uber staff have left this year, two women have written posts about sexual harassment, information about Greyball shows how they used tech to get around fines from local laws, Google is suing them for stealing self-driving tech ...

      Uber is terrible, their wages for drivers drop every year, they have a toxic business structure and yet no one seems to give a shit and still uses them with the "Uber might have its flaws" bullshit argument.

      Fuck Uber

    3. Re:taxi robbery by Koby77 · · Score: 2

      Yes. The Austin law was stupid and anti-competitive. But they have a right to be stupid, and if the citizens of Austin don't like it they can vote the incumbents out. If we give up local control just because a particular law is stupid, then we also give up local control on every other issue.

      The Texas legislature should keep out of local affairs, just as the Feds should keep out of state affairs.

      No, the state decides what sort of local control to give. The constitution spells out state rights, but state laws and constitutions do not necessarily grant cities the right to decide on all issues, such as mass transit or the internet.

      States can let city control on issues such as policing, garbage collection, property zoning, and a whole bunch of other things. But the state doesn't need to give up all control, and when cities become bureaucratic nightmares for all of its other citizens, then the state is well within its rights to take that control away from the cities. You don't have a right to be stupid and interfere with the rights of all of the other citizens in the state, if the state says so.

    4. Re:taxi robbery by Koby77 · · Score: 2

      Have you been reading Slashdot? Every week there's a story about Uber. We know their work environment is over-competitive and toxic.

      Yet the customers seem to love it a lot better than the regular taxi service. It turns out that the corporate culture 1000 miles away doesn't affect the guy getting better service at a lower price. If you have a problem with the corporate culture, then fine, go to their corporate headquarters and complain. But don't interfere with the customer getting the product that they want.

    5. Re:taxi robbery by ArmoredDragon · · Score: 2

      Or perhaps the Austin government is more easily purchased by the taxi mafia than the state government.

      Either way, don't be hypocritical on this. I guarantee that you and ShanghaiBill will be complaining in the exact opposite direction about a larger government interfering with smaller ones whenever Congress begins to push its new bill overriding state/county level internet privacy laws.

  2. Small government republicans win again! by mrmaster · · Score: 4, Insightful

    It's quite frustrating to read, multiple times, how state government continues to override local municipalities. Another instance is in regards to city fracking ordinances. It's also worrisome that Texas has done nothing to reduce the bribes...sorry..I meant to say campaign contributions and the conflicts of interests that exist in the state senate. God, I just sent can't get enough of small government!

    1. Re:Small government republicans win again! by Koby77 · · Score: 5, Insightful

      With state law versus the federal government, the constitution enumerates certain states rights. That is, they defined the things for which the federal government controls, and left other issues to be decided for the states themselves. Not necessarily so with city rights. It is not the place of cities to carve out their own little fiefdoms for which large-scale projects such as the internet, energy projects, or mass transit, are things to which everyone else must be subservient. Cities are there to provide local services, such as police, fire, garbage collection, and perhaps some road repairs. When individual cities start stomping on the rights of state citizens, then it is well within the scope of the state to step in and restore those rights.

    2. Re:Small government republicans win again! by DRJlaw · · Score: 2

      . It is not the place of cities to carve out their own little fiefdoms for which large-scale projects such as the internet, energy projects, or mass transit, are things to which everyone else must be subservient. Cities are there to provide local services, such as police, fire, garbage collection, and perhaps some road repairs. When individual cities start stomping on the rights of state citizens, then it is well within the scope of the state to step in and restore those rights.

      Ah yes.... the right level of government to decide an issue is, of course, the level of government that your party controls. Small government is great until someone is doing something that you don't like. Then big government under your control magically resumes being the answer.

    3. Re:Small government republicans win again! by thrich81 · · Score: 3, Insightful

      It wasn't the faceless "City of Austin" which passed the ride sharing rules, it was Austin's voting citizens who passed the rules in a hard fought referendum where the ride sharing companies outspent their opponents by several times. So that's it -- the people WHO LIVE THERE wanted those rules. The State of Texas does have the legal right to overrule the expressed desire of the citizens of Austin, but why, just for spite (or bribes)? For the people that don't like the Austin laws and ways of doing business there are plenty of other places in Texas to move to; not any other big cities (except Fort Worth) as they all have similar politics now, but plenty of smaller cities with "real Texas values", but for various reasons those smaller places aren't seen as such desirable places to live. If the cities are there to "to provide local services, such as police, fire, garbage collection, and perhaps some road repairs", then what in heck is the State there for? The feds provide national defense and the Interstate highway system, the cities provide local services, the local school districts provide for the public schools. What is really left for the states?, mostly just corruption and overrepresentation of the rural areas , at least here in Texas.

    4. Re: Small government republicans win again! by zippthorne · · Score: 2

      They're not trying to regulate Uber's operations everywhere, though, just in Austin. Do you think they should not be able to define what a private car or taxi service is within the city limits and what requirements companies must meet in order to operate one there? Just because it's a pain for Uber to have to deal with local regulations doesn't mean that that's not the approprate place for those to occur.

      If the laws are unjustly stifling, it's a lot easier to change a local law than a statewide one.

      --
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    5. Re: Small government republicans win again! by SvnLyrBrto · · Score: 3, Insightful

      They weren't just trying to *regulate* Uber and Lyft though. The ordinance in question specifically targeted them and was crafted so as to be so onerous as to drive them out of the market. Tellingly, it didn't include the legacy taxi companies in the regulations; only "transportation network companies".

      And it wasn't just background checks. There was a requirement to open up local offices, restrictions on Uber and Lyft picking up passengers at "special events", restrictions on automated surge pricing, a requirement to hold "community outreach events" whatever that was supposed to mean, a money grab, and (perhaps worst of all from a tech company's POV) a demand that Uber and Lyft hand over access to their internal rider and trip data to the city.

      And let's not forget: This was not a case of Uber and Left moving into an existing regulatory structure and demanding that the rules be changed because they were special or whatnot. Both companies had already been operating in Austin for some time. The city then imposed entire new regulations after the fact to target and drive away Uber and Lyft. That's corruption and regulatory capture (Remember, the ordinance targeted TNCs only, and excluded the legacy taxi corporations.) at it's worst. Perhaps this state law was not the best way to go about it; but Austin's city politicians really did need to be slapped down hard on this one.

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  3. The "Goldilocks" level of government. by whoever57 · · Score: 3, Insightful

    State legislators continue to show that their concern for local government doesn't extend downwards from their own level.

    The Federal level is too high, the city level is too low. The state level is just right: the "Goldilocks" level.

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  4. Government Small Enough by rsilvergun · · Score: 2

    to drown in a bathtub comes to mind. My experience is that nobody's really opposed to the government telling people what to do; just so long as they already wanted to do it.

    Me? I see strong governments as inevitable; so instead of hunkering down and trying to make it go away I'm with Bernie et al and want to make it do good. It's like fire or, hell, nuclear power. Once it's out there you can't put the cat back in the bag. Better to just take control of it.

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  5. Re:Houston by ZipK · · Score: 2

    The thing about gerrymandering is that it only works for a while and you start to get diminishing returns.

    Once you've gerrymandered yourself into place, what can displace you?

  6. Re:Houston by PopeRatzo · · Score: 2

    Once you've gerrymandered yourself into place, what can displace you?

    People move. Neighborhoods change. There's an election every two years. For example, some time back Texas had a law where you could only redraw districts every ten years. Texas realized that their safe gerrymandered districts were no longer safe. Passed a law saying they could have a "special" redraw (this is when Tom DeLay was in Congress, before he went to prison). The backlash saw a bunch of Republican districts flip to Democratic control. Not enough to take over power, but enough to scare them from trying that move again.

    Texas is inexorably becoming a blue state. There are court cases to compel the state to use an independent commission to draw districts fairly. If those cases are successful, we will learn that Texas has actually been a blue state for a good long time, with the people being held hostage by a hostile government.

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  7. Re: Houston by drinkypoo · · Score: 2

    Uh, it is definitely a red state despite your wetdreams. Statewide, Trump got 53% of the vote compared to Clinton's 42%.

    It certainly is, but the young are far bluer in each generation, due to improved access to information. They've grown up around things like out-of-the-closet homosexuals and even if they are still opposed to the whole idea, they've seen first hand that it doesn't lead to the end of civilization as we know it. That's changing things despite your wetdreams.

    Of course, their board of education continues to attempt to compromise education sufficiently to preserve the state's redness, and that really has slowed down progress, but they can't prevent it forever. For one thing, there's just too much money in Texas. They actually have something to lose.

    --
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  8. Re:But. But. But I thought conservatives LOVE/cher by lgw · · Score: 2

    When it comes to the federal government, states should have more power. When it comes to local government, states should have more power. This seems perfectly straightforward, consistent, and exactly what any reasonable person would expect a state government to believe. Why are you confused?

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