Statewide rules related to smartphone-hailed rides are just a few turns from the end of their journey through the Texas Legislature.

State senators passed HB 100, which establishes statewide rules for companies such as Uber and Lyft that connect interested riders with willing drivers. The rules would supersede those at the city level, where the companies have bitterly opposed Austin and Houston’s requirements, largely because of regulations requiring drivers to undergo a fingerprint based background check.

No changes were made to the bill, authored by Rep. Chris Paddie, R-Marshall, which includes an amendment added in the state House defining sex as “the physical condition of being male or female.”

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The additional language on sex drew questions from State Sen. Jose Menendez, D-San Antonio. Story continues below





“I don’t understand why in a transportation bill we have to have the definition of what that condition may be,” Menendez said, noting his concerns it could lead to gender discrimination against those whose genders are in flux.

The language also put Uber and Lyft on the defense with some equal rights groups. When the bill was approved by the House in March, the companies said they remained committed to inclusive business policies, but stopped short of saying they would oppose the bill they’d lobbied heavily to see prevail.

Under the new state rules, the companies would be licensed by the state, pay a $5,000 fee and agree to conduct a national background check, which they already do under their own internal policies. They would no longer have to comply with the background checks conducted by the cities, and could return to places like Austin and Galveston where they have left because of the local rules.

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Senators approved the bill Wednesday by a vote of 20-10. To take effect, it would need to be signed by Gov. Greg Abbott.

In advance of the bill's passage, Lyft -- which exited Houston when the city rules went into effect -- is actively recruiting drivers, presumably in preparations to return to the city.