(a)
A person
may not: (i) operate a taxicab service inside the city without operating
authority granted under this chapter; or (ii) transport a passenger
for hire inside the city by taxicab without operating authority granted
under this chapter.
(b)
A person
shall not engage or hire a taxicab that he knows does not have operating
authority from the city.
(Ordinance O-19-032, sec. 3, adopted 9/5/19)
An annual permit of operating authority may not be transferred
to another person.
(Ordinance O-19-032, sec. 3, adopted 9/5/19)
The director must approve the application before an annual permit can be granted. The granting of an annual permit is in the discretion of the director, but will not be granted unless the applicant qualifies for operating authority under section 27-13 of this chapter and is otherwise fit, willing, and able to operate the taxicab service in accordance with the requirements of this chapter, rules and regulations of the director, provisions of the annual permit, and other applicable law.
(Ordinance O-19-032, sec. 3, adopted 9/5/19)
(a)
To qualify
for operating authority, an applicant must:
(1)
Be
at least twenty-one (21) years of age;
(2)
Be
currently authorized to work full-time in the United States;
(3)
Be
able to communicate in the English language; and
(4)
Not
have ever been convicted or placed on probation or deferred adjudication
for a crime
a.
Involving:
4.
An assaultive offense as described in chapter 22 of the Texas Penal Code, other than a Class C misdemeanor;
5.
Robbery as described in chapter 29 of the Texas Penal Code;
6.
Burglary as described in chapter 30 of the Texas Penal Code;
7.
Theft as described in chapter 31 of the Texas Penal Code, but only
if the violation is punishable as a felony;
8.
Criminal attempt to commit any of the offenses listed in section 27-13(a)(4)a.1. through section 27-13(a)(4)a.7.
(5)
Not
have been convicted or placed on probation or deferred adjudication
for a crime:
a.
Involving:
1.
Fraud as described in chapter 32 of the Texas Penal Code;
2.
Tampering with a governmental record as described in chapter 37 of
the Texas Penal Code;
3.
Public indecency (prostitution or obscenity) as described in chapter
43 of the Texas Penal Code;
4.
The transfer, carrying, or possession of a weapon in violation of
chapter 46 of the Texas Penal Code, but only if the violation is punishable
as a felony;
5.
A violation of chapter 483, Dangerous Drugs, of the Texas Health
and Safety Code that is punishable as a felony;
6.
A violation of the Controlled Substances Act, chapter 481 of the
Texas Health and Safety Code that is punishable as a felony; or
7.
Criminal attempt to commit any of the offenses listed in section 27-13(a)(5)a.1. through section 27-13(a)(5)a.6.
b.
For
which:
1.
If the applicant was convicted for a misdemeanor offense, less than
two (2) years have elapsed since the date of conviction or the date
of release from confinement imposed for the conviction, whichever
is the later date;
2.
If the applicant was placed on probation or deferred adjudication
for a misdemeanor offense, less than two (2) years have elapsed since
the date of successful completion of probation or deferred adjudication;
3.
If the applicant was convicted for a felony offense, less than five
(5) years have elapsed since the date of conviction or the date of
release from confinement for the conviction or the date of release
from parole, whichever is the later date;
4.
If the applicant was placed on probation or deferred adjudication
for a felony offense, less than five (5) years have elapsed since
the date of successful completion of probation or deferred adjudication;
5.
Less than five (5) years have elapsed since the date of the last
conviction or the date of release from confinement for the last conviction,
whichever is the later date, if, within any twenty-four (24) month
period, the applicant has two (2) or more convictions of any misdemeanor
offense or combination of misdemeanor offenses; or
6.
Less than five (5) years have elapsed since the date of the successful
completion of probation or deferred adjudication for the last offense,
whichever is the later date, if, within any twenty-four (24) month
period, the applicant has been placed on probation or deferred adjudication
two (2) or more times for any misdemeanor offense or combination of
misdemeanor offenses.
(b)
An applicant who has been sentenced for an offense listed in section 27-13(a)(5)a.1. through (a)(5)a.7 for which the required time period listed above has elapsed, may qualify for operating authority only if the director determines that the applicant is presently fit to provide a public transportation service and only if the offense or offenses the applicant was sentenced for was not a felony offense listed in section 27-13(a)(4)a.1. through (a)(4)a.8. In determining present fitness under this section, the director shall consider the following:
(1)
The
extent and nature of the applicant’s past criminal activity;
(2)
The
age of the applicant at the time of the commission of the crime;
(3)
The
amount of time that has elapsed since the applicant’s last criminal
activity;
(4)
The
conduct and work activity of the applicant prior to and following
the criminal activity;
(5)
Evidence
of the applicant’s rehabilitation or rehabilitative effort while
incarcerated or following release; and
(6)
Other
evidence of the applicant’s present fitness, including letters
of recommendation from prosecution, law enforcement, and correctional
officers who prosecuted, arrested, or had custodial responsibility
for the applicant; the sheriff and chief of police in the community
where the applicant resides; and any other persons in contact with
the applicant.
(7)
It
is the responsibility of the applicant, to the extent possible, to
secure and provide to the director the evidence required to determine
present fitness.
(Ordinance O-19-032, sec. 3, adopted 9/5/19)
(a)
To obtain
an annual permit, a person shall make application to the city secretary
in the manner prescribed by this section. The applicant must be the
person who will own, control, or operate the proposed taxicab service.
An applicant shall file with the city secretary a written, verified
application statement, to be accompanied by a nonrefundable application
fee of one hundred fifty dollars ($150.00) plus one hundred twenty
dollars ($120.00) for each taxicab to be permitted, containing the
following:
(1)
The
form of business of the applicant and, if the business is a corporation,
association, or other legal entity, a copy of the documents establishing
the business and the name, address, and legal residence of each person
with a direct interest in the business;
(2)
The
name, address, and verified signature of the applicant;
(3)
An
actual or pro forma statement and balance sheet showing the liabilities,
and equity of the business;
(4)
A
description of any past business experience of the applicant, particularly
in providing passenger transportation services, and an identification
and description of any revocation or suspension of a permit held by
the applicant or business before the date of filing the application;
(5)
The
number of vehicles and a description of the vehicles the applicant
proposes to use in the operation of the taxicab service, and a description
of the operations of the proposed taxicab service and the location
of the fixed facilities to be used in the operation;
(6)
If
applicable, a description of the proposed insignia and color scheme
for the applicant’s taxicabs and a description of the distinctive
item(s) of apparel to be worn by the applicant’s taxicab drivers;
(7)
Documentary
evidence from an insurance company, authorized to do business in the
State of Texas, indicating a willingness to provide commercial liability
insurance as required by this chapter;
(8)
Documentary
evidence of payment of ad valorem taxes on the property to be used
in connection with the operation of the proposed taxicab service;
(9)
Proof
of business telephone number and business address, from which the
proposed taxicab service will be operated; if such place of business
is located within the city limits, the city’s zoning requirements
shall apply;
(10)
The proposed fare to be charged and the method for calculating the
fare;
(11)
Such additional information as the applicant desires to include to
aid in the determination of whether the requested operating authority
should be granted; and
(b)
A holder
shall notify the city secretary in writing of any change of address
or change in ownership or management of a taxicab service not less
than ten (10) days prior to the change.
(Ordinance O-19-032, sec. 3, adopted 9/5/19)
Upon approval of an application for an annual permit of operating
authority by the director, the office of the city secretary shall
promptly issue the permit and incorporate in the permit the duration
of the permit and such other terms or conditions as the director determines
are necessary.
(Ordinance O-19-032, sec. 3, adopted 9/5/19)
(a)
Operating
authority when issued must state on its face the type of service for
which it is issued. It may also contain other conditions and limitations
determined necessary by the director, including, but not limited to:
(1)
Number
of vehicles authorized;
(2)
Description
of vehicles to be operated;
(3)
The
number of passengers that may be transported in each vehicle;
(4)
Customers
to be served;
(5)
Place
and times of loading or unloading passengers;
(6)
Schedules
and route to be followed, if applicable;
(7)
Maximum
rates to be charged, including any hourly minimums and other charges;
(8)
Operating
procedures; and
(9)
Special
conditions or limitations.
(b)
A holder
commits an offense if he fails to comply with the conditions or limitations
placed on the operating authority under which he is operating a vehicle
for hire service.
(Ordinance O-19-032, sec. 3, adopted 9/5/19)
(a)
A holder
of an annual permit of operating authority shall submit a completed
renewal of permit form, provided by the city secretary, and submit
an annual permit application fee of one hundred fifty dollars ($150.00)
plus one hundred twenty dollars ($120.00) per taxicab.
(b)
A holder
desiring a change in the terms or conditions of the permit must file
with the city secretary, not fewer than sixty (60) days before the
permit expires, a written request stating reasons for the requested
changes.
(c)
The
director may make minor changes in a permit.
(d)
If the
director determines that a denial of a permit renewal or material
change in the terms or conditions of the permit is required, then
he may deny renewal of the permit or make changes in the terms or
conditions of the permit.
(e)
If the
permit expires at no fault of the holder before a ruling on the approval
or denial of the renewal, the holder may continue to operate the taxicab
service pending a final decision. The holder shall cease operation
of the taxicab service immediately upon denial of the request for
renewal by the director.
(Ordinance O-19-032, sec. 3, adopted 9/5/19)
(a)
Suspension
and revocation of permit.
The following regulations apply
to the suspension or revocation of an annual permit:
(1)
The
director may suspend or revoke an annual permit if the director determines
that the holder:
a.
Failed
to comply with a correction order issued to the holder by the director,
within the time specified in the order;
b.
Intentionally
or knowingly impeded the department or other law enforcement agency
in the performance of its duty or execution of its authority;
c.
Failed
to comply with this chapter;
e.
Has
been convicted of a violation of any city, state, or federal law,
which violation reflects unfavorably on the fitness of the holder
to perform a public transportation service;
f.
Is
under indictment for or has been convicted of any felony offense while
holding taxicab operating authority;
g.
Substantially
breached the terms of the annual permit;
h.
Failed
to pay city ad valorem taxes on any property of the holder used directly
or indirectly in connection with the taxicab service; or
i.
Failed
to pay a permit fee at the time it was due.
(2)
A
suspension of a permit does not affect the expiration date of the
permit.
(3)
After
revocation of a permit, a holder is not eligible for a permit for
a period of two (2) years.
(b)
Reinstatement.
After suspension of a permit, a holder may file an appeal in accordance with section 27-40 of this chapter. The director shall inspect the operation of the suspended holder to determine if the holder has corrected the deficiency causing the suspension. After inspection, the director shall submit his recommendation together with supporting facts to the city manager or his designee. The city manager shall determine if reinstatement is warranted. The decision of the city manager is final.
(Ordinance O-19-032, sec. 3, adopted 9/5/19)
This chapter governs the operation of taxicab service. This
chapter, however, is not a limitation on the power of the director
to incorporate in a grant of operating authority special provisions
relating to the operation of the taxicab service under the grant.
To the extent that a special provision conflicts with this chapter,
the special provision controls.
(Ordinance O-19-032, sec. 3, adopted 9/5/19)
