(a)
An entity may not operate a transportation-for-hire service inside
the city without an operating authority permit granted under this
chapter.
(b)
A driver may not transport a passenger for hire within the city limits
unless the entity that employs or contracts with the driver has been
granted an operating authority permit under this chapter.
(c)
Nothing in the operating authority permit shall be construed as granting
to the operating authority a franchise to use city streets.
(Ordinance 2016-O0077, sec. 2, adopted 5/12/2016)
To obtain an operating authority permit, an applicant shall
submit an application in the manner prescribed by this section. The
applicant must be the entity that is the owner, controller, or operator
of the proposed operating authority. An applicant shall file with
the city secretary a nonrefundable application fee, as set forth and
established annually in the city’s budget ordinance, and an
application containing and certifying the following:
(1)
The form of business of the applicant and the name and address of
each entity with a twenty percent (20%) or greater ownership interest
in the applicant’s business;
(2)
If the applicant is a corporation or association, a copy of the documents
establishing the applicant’s corporation or association;
(3)
The verified signature of the applicant’s signatory;
(4)
The address of the fixed facilities to be used as the applicant’s
primary place of business in the city, if any, and the address of
the applicant’s headquarters, if different from the address
of the fixed facilities;
(5)
The name of the entity designated by the applicant to receive notice
on behalf of the operating authority, and that entity’s contact
information, including a mailing address, telephone number, and email
or other electronic address;
(6)
That the operating authority requires its drivers to undergo an annual
local, state, and national criminal background check by a nationally
accredited third-party background check provider;
(7)
That the operating authority’s drivers are required to maintain
a physical or digital identification card displayable within their
vehicles that contains a photograph of the driver, the full name of
the driver, the name of the operating authority, and a means to contact
the operating authority;
(8)
That all vehicles operating under the operating authority permit
have been inspected by a state authorized vehicle inspector, possess
a current state-issued registration, and meet all required vehicle
safety standards, required under this chapter;
(9)
That the operating authority and all of its drivers are covered by
a valid insurance policy, as described in this chapter, from an insurance
company listed as an authorized auto liability lines carrier on the
Texas Department of Insurance’s List of Authorized Insurance
Companies, or a surplus lines insurer listed on the Texas Department
of Insurance’s list of Eligible Surplus Lines Insurance Companies;
(10)
A tax certificate showing the payment of ad valorem taxes on the
operating authority’s local property, if any, to be used by
the operating authority in connection with its transportation-for-hire
service; and
(11)
A copy of the applicant’s zero-tolerance policy for intoxicating
substances.
(Ordinance 2016-O0077, sec. 2, adopted 5/12/2016)
Any change to the information provided by the applicant in its
operating authority permit application must be reported in writing
to the city secretary within ten (10) days of the change in the manner
prescribed by the city secretary.
(Ordinance 2016-O0077, sec. 2, adopted 5/12/2016)
An operating authority permit expires one (1) year from the
date it is issued.
(Ordinance 2016-O0077, sec. 2, adopted 5/12/2016)
(a)
If the city secretary determines that an entity’s operating authority permit should be denied, suspended, or revoked, the city secretary shall then issue a correction order to the operating authority notifying it that its permit is denied, suspended, or revoked, with such correction order detailing the reason for the denial, suspension, or revocation of the operating authority permit, the procedure to remedy the violation, and a statement informing the operating authority of its right of appeal the denial, suspension, or revocation of its permit to the permit and license appeal board in the manner set out in chapter 2 of this code.
(b)
Denial.
The following shall constitute grounds for denial
by the city secretary of an operating authority permit:
(c)
Suspension.
The following regulations apply to the suspension
of an operating authority permit:
(1)
The city secretary shall suspend an operating authority permit if
the city secretary determines that the operating authority failed
to comply with a correction order issued by the city secretary within
the time specified in the correction order.
(2)
The expiration date of the operating authority permit is not tolled
or extended by a suspension.
(3)
The city secretary may reinstate a suspended operating authority
permit if the operating authority complies with the correction order
and pays a reinstatement fee as such reinstatement fee is set forth
and established annually in the city’s budget ordinance.
(d)
Revocation.
The following regulations apply to the revocation
of an operating authority permit:
(1)
The city secretary shall revoke an operating authority permit if
the city secretary determines that the operating authority:
(2)
After revocation of its operating authority permit, an operating
authority is not eligible for another operating authority permit for
a period of up to two (2) years, depending on the severity of the
violation resulting in the revocation as determined by the city secretary
after its review of the revocation.
(e)
It shall be unlawful under this chapter for any entity to operate
as an operating authority if it fails to comply with a correction
order notifying it of the denial, suspension, or revocation of its
operating authority permit.
(Ordinance 2016-O0077, sec. 2, adopted 5/12/2016)
An operating authority permit is not transferable. This regulation
should not be construed to impede the continuing use of trade names.
(Ordinance 2016-O0077, sec. 2, adopted 5/12/2016)
(a)
An operating authority shall employ, maintain, and enforce a zero-tolerance
policy prohibiting the use of intoxicating substances by its drivers
while they are on duty.
(b)
An operating authority shall include on its website a notice of the
operating authority’s zero-tolerance policy for intoxicating
substances, and information on how passengers may report a possible
violation of the policy to the operating authority and to the city.
(Ordinance 2016-O0077, sec. 2, adopted 5/12/2016)
In no case shall the operating authority provide the opportunity
for passengers to reserve, participate in, or pay for any transportation-for-hire
service through the website or any form of the website, such as an
“app” or other type of digital network.
(Ordinance 2016-O0077, sec. 2, adopted 5/12/2016)
