(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)
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:
1. 
Criminal homicide as described in chapter 19 of the Texas Penal Code;
2. 
Kidnapping as described in chapter 20 of the Texas Penal Code;
3. 
A sexual offense as described in chapter 21 of the Texas Penal Code;
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.
(c) 
The established place of business required by subsection (a)(9) of this section must be kept open from 9:00 a.m. to 5:00 p.m. weekdays, other than recognized holidays, and must be staffed and equipped to receive telephone calls during all business hours.
(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.
(f) 
A holder may file an appeal of the director’s decision not to renew a permit in accordance with section 27-40 of this chapter.
(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;
d. 
Does not qualify for operating authority under section 27-13 of 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)