(a) 
This article governs the operation of all vehicle for hire services in the corporate limits of the city.
(b) 
This article does not apply to a vehicle for hire service or to a person operating a vehicle for hire service that is:
(1) 
Transporting a person from a point outside the corporate limits of the city to a destination inside the corporate limits of the city if the vehicle for hire leaves the corporate limits of the city without receiving a new passenger inside the corporate limits of the city and the vehicle for hire service is licensed by another governmental entity;
(2) 
Operated under state or federal authority unless subject to the city’s regulatory authority; or
(3) 
Operated by a funeral home in the performance of funeral services.
(Ordinance 2016-37 adopted 10/25/16)
The following words and phrases, when used in this article, shall have the meanings ascribed to them by this section:
Chief of police.
The chief of police of the city or designee.
City.
The City of Midlothian.
City council.
The governing body of the city.
Compliance certification.
A sworn and notarized certification signed by an applicant for an operating license or a licensee.
Driver.
Any individual who drives or operates a vehicle for hire in the corporate limits of the city to provide vehicle for hire services.
Hailable service.
A motorized vehicle for hire service that can be immediately summoned by a passenger communicating in person with the driver of the vehicle.
Licensee.
A person, association or corporation that is licensed to operate a vehicle for hire service under this article.
Motorized vehicle for hire.
Every vehicle for hire that is self-propelled.
Operating license.
A license issued by the city authorizing a vehicle for hire service to operate within the corporate limits of the city.
Person.
An individual, corporation, government or governmental subdivision, agency, trust, partnership, or two or more persons having joint or common economic interest.
Street.
Any street, alley, lane, right-of-way or highway within the corporate limits of the city.
Substantially similar ownership.
Any business entity that is owned or controlled by 51% or more of the same persons who own or control another business entity.
Taximeter.
A device that mechanically or electronically computes and registers in dollars and cents for viewing by the passenger, the fare based upon the distance traveled, the time the vehicle for hire is engaged, or any other basis for charges which are specified in the rates of fares set by the city council for hailable vehicle for hire services.
Vehicle.
A device that can be used to transport or draw persons or property on a public street within the corporate limits of the city.
Vehicle for hire.
Every motorized vehicle that is chauffeured that transports passengers over city streets for a fare or compensation. The term vehicle for hire shall not include:
(1) 
Vehicles operated by a transportation authority or transit authority in accordance with state or federal law;
(2) 
Vehicles involved in an organized car pool not available to the general public;
(3) 
A vehicle being operated pursuant to a franchise, grant of privilege or permit issued by the city under its authority outside of this article; or pursuant to permission duly granted by proper authority of the city under its authority outside of this article for a vehicle to operate over a regular route upon a set schedule; a vehicle being operated as a chartered bus not available to the general public and under a contract to carry 12 or more passengers; or any vehicle that is not available to the general public;
(4) 
Vehicles being used as ambulances; or
(5) 
Vehicles rented or leased for self-operation by the person who drives the vehicle, unless such a vehicle is transporting persons for compensation.
Vehicle for hire service.
The business of offering transportation to customers in one or more vehicles for hire in exchange for a fee or compensation.
(Ordinance 2016-37 adopted 10/25/16; Ordinance 2017-01 adopted 1/10/17)
(a) 
It shall be unlawful for a person to drive or operate a vehicle for hire in the corporate limits of the city unless the driver and vehicle for hire are operating under a valid operation license.
(b) 
It shall be unlawful for a person to employ, permit or allow another to drive, operate or cause to be operated any vehicle for hire in the corporate limits of the city unless that person is a licensee in possession of a valid operation license.
(c) 
Any person desiring to operate a vehicle for hire service in the corporate limits of the city shall submit an application for an operation license on a form provided by the chief of police. The applicant must be the person who will own, control, or operate the proposed vehicle for hire service. No application shall be considered for approval unless it meets all the requirements of this article. Each application must contain the following:
(1) 
The name and address of the applicant, if a natural person, or, if a corporation, its name, date and place of incorporation, address of its principal place of business and the names of all its officers and directors together with their respective business addresses, as well as a copy of the articles of incorporation, the trade name, if any, under which the applicant proposes to operate and the address of the place or places of business from which the applicant proposes to operate;
(2) 
A nonrefundable operation license fee must be submitted with the application; and
(3) 
The compliance certification required by this article.
(d) 
Upon receipt of a completed application for an operation license in compliance with this article and payment of the required fee, the chief of police shall issue an operation license to the applicant, unless the application is prohibited by this article from receiving an operation license.
(e) 
An operation license shall commence on the date of issuance and shall expire two (2) years from the date of issuance. A licensee shall apply for a new operation license at least thirty days (30) prior to the expiration date of the operation license.
(Ordinance 2016-37 adopted 10/25/16)
(a) 
A compliance certification shall be submitted to the chief of police with each application for an operation license and one (1) year after the issuance of each operation license.
(b) 
A compliance certification shall contain the following language:
(1) 
I certify that within the past sixty (60) days, the undersigned has conducted a national criminal background and driver’s license check on each driver who will operate a vehicle for hire under the operation license.
(2) 
I certify that the undersigned will conduct a national criminal background and driver’s license check before allowing any new driver to operate a vehicle for hire under the operation license who has become associated with the undersigned since the last compliance certification.
(3) 
I certify that the undersigned shall not allow any person to operate a vehicle for hire under the operation license if the person does not meet the qualifications of section 4.02.009.
(4) 
I certify that within the past sixty (60) days the undersigned has verified that all vehicles that will operate as a vehicle for hire under the operation license are covered by an insurance policy that meets the requirements of section 4.02.008 and comply with the vehicle inspection and emission testing requirements of the state.
(5) 
I certify that before allowing any new vehicle to operate as a vehicle for hire under the operation license that has become associated with the undersigned since the last compliance certification, the undersigned shall verify that the vehicle is covered by an insurance policy that meets the requirements of section 4.02.008 and complies with the vehicle inspection and emission testing requirements of the state.
(6) 
I certify that the undersigned shall not allow any vehicle to operate as a vehicle for hire under the operation license if the vehicle is not covered by an insurance policy that meets the requirements of section 4.02.008, or the vehicle does not comply with the vehicle inspection and emission testing requirements of the state.
(7) 
I hereby certify that the undersigned shall comply with all requirements of section 4.02.008 and federal, state and municipal laws in providing vehicle for hire services in the corporate limits of the city.
(c) 
A licensee commits an offense and the operation license is subject to revocation in accordance with the provisions of this article if the licensee knowingly fails to submit a compliance certification to the chief of police one (1) year after the issuance of an operation license.
(Ordinance 2016-37 adopted 10/25/16)
(a) 
Prior to revocation of an operation license, the chief of police shall send the licensee written notice of any violation by certified mail, return receipt requested. A licensee shall have thirty (30) days from receipt of a written notice of a violation to provide written proof to the chief of police that the licensee did not violate this article as set forth in subsection (b). Failure of the licensee to submit a written response to the chief of police as required by this subsection shall result in revocation of the operation license.
(b) 
The chief of police shall have the authority to revoke a licensee’s operation license if a licensee:
(1) 
Fails to submit a compliance certification as required by this article;
(2) 
Fails to perform a national background check and driver’s license check as required by this article;
(3) 
Fails to verify that a vehicle is covered by an insurance policy and meets the state requirements for vehicle inspection and emission testing as required by this article; or
(4) 
Knowingly allows a driver or vehicle to operate in violation of this article.
(c) 
An operation license that is revoked shall be of no force and effect from and after the date of revocation.
(d) 
A licensee whose operation license is revoked in accordance with this article will not be granted an operation license before the expiration of twenty-four months (24) from the date of revocation.
(e) 
A business entity that has substantially similar ownership to a licensee whose operation license has been revoked in accordance with this article, will not be granted an operation license before the expiration of twenty-four (24) months from the date of revocation.
(Ordinance 2016-37 adopted 10/25/16)
(a) 
The city council shall adopt by resolution a schedule of fees applicable to this article which shall be on file in the city secretary’s office.
(b) 
Each licensee shall pay the operation license fee as approved by city council before the issuance of an operation license. Fees may be prorated for any partial period for which an operation license is issued. The chief of police shall provide each licensee with written notice of the due date for any prorated fees. A licensee shall pay the prorated fees by the due date.
(Ordinance 2016-37 adopted 10/25/16)
(a) 
Vehicles for hire that are subject to chapter 1954 of the Texas Insurance Code must comply with the requirements of that chapter at all times.
(b) 
Vehicles for hire that are not subject to chapter 1954 of the Texas Insurance Code must provide and maintain at all times insurance coverage that meets the minimum requirements of chapter 1954 of the Texas Insurance Code, or the requirements set forth in subsection (c).
(c) 
A vehicle for hire that is not subject to chapter 1954 of the Texas Insurance Code or elects to not maintain the insurance coverage meeting the requirements of chapter 1954 of the Texas Insurance Code, shall have in force, twenty-four (24) hours, seven days a week the amount and character of insurance coverage for vehicles for hire as required by this subsection.
(1) 
The minimum insurance required under this subsection must:
(A) 
Be obtained from a carrier that is admitted and licensed to transact insurance in the state or an eligible surplus lines insurer authorized under the laws of the state;
(B) 
Be written on an occurrence basis;
(C) 
Cover the vehicle for hire and any driver of the vehicle for hire;
(D) 
Name the city as an additional primary insured;
(E) 
Provide minimum coverage in an amount no less than $500,000.00 combined single limit liability (CSL) per occurrence;
(F) 
Provide that all claims will be paid on a first dollar basis by the insurance provider;
(G) 
Not be obtained from an assigned risk pool; and
(H) 
Not contain policy exclusions that would change or limit coverage for passengers entering or exiting the vehicle.
(2) 
All liability insurance coverage must include a rider that provides that at all levels of coverage there must be notification to the city in writing not less than 30 days before canceling or making a material change in the policy.
(3) 
A driver or licensee of a vehicle for hire shall not have operational control in any insurance company providing coverage to a vehicle for hire utilized by the driver or licensee.
(Ordinance 2016-37 adopted 10/25/16)
(a) 
To qualify as a driver, a person must:
(1) 
Hold a valid driver’s license or operator’s license issued by any state of the United States, Washington D.C., or any territory of the United States;
(2) 
Not be under indictment, have charges pending, have been convicted, or have been placed on probation or deferred adjudication for the following offenses:
(A) 
Criminal homicide as described in Texas Penal Code chapter 19;
(B) 
Aggravated kidnapping as described in Texas Penal Code section 20.04;
(C) 
An offense involving trafficking of persons as described in Texas Penal Code chapter 20A;
(D) 
Continuous sexual abuse of a young child or children as described in Texas Penal Code section 21.02;
(E) 
Indecency with a child as described in Texas Penal Code section 21.11;
(F) 
Improper relationship between educator and student as described in Texas Penal Code section 21.12;
(G) 
Sexual assault as described in Texas Penal Code section 22.011;
(H) 
Aggravated sexual assault as described in Texas Penal Code section 22.021;
(I) 
Sale or purchase of a child as described in Texas Penal Code section 25.08;
(J) 
Aggravated robbery as described in Texas Penal Code section 29.03;
(K) 
Sexual performance by a child as described in Texas Penal Code section 43.25;
(L) 
Employment harmful to children as described in Texas Penal Code section 43.251;
(M) 
Possession or promotion of child pornography as described in Texas Penal Code section 43.26;
(N) 
Electronic transmission of certain visual material depicting a minor as described in Texas Penal Code section 43.261;
(O) 
Intoxication manslaughter as described in Texas Penal Code section 49.08;
(P) 
Criminal attempt, solicitation, or conspiracy to commit any offense described in subsections (a)(2)(A)–(a)(2)(O); and
(Q) 
An offense under the laws of another state, federal law or another country in which the elements of the offense under the laws of that state, federal law or country are substantially similar to the elements of an offense listed in subsections (a)(2)(A)–(a)(2)(P);
(3) 
Except as provided by subsection (2), not be under indictment, have charges pending or within the previous seven (7) years have been convicted of, released or discharged from probation, parole or deferred adjudication for any felony offense as defined by the laws of this state, another state, federal law or the law of another country;
(4) 
Except for an offense described by the Texas Transportation Code that is designated as a class C misdemeanor or the law of another state in which the elements of the offense are substantially similar to an offense in the Texas Transportation Code that is designated as a class C misdemeanor, not be under indictment, have charges pending or within the previous three (3) years have been convicted of, released or discharged from probation, parole or deferred adjudication for any misdemeanor offense as defined by the laws of this state, another state, federal law or the laws of another country;
(5) 
Within the previous three (3) years, not have been convicted of or placed on deferred adjudication or deferred disposition for an offense involving the operation of a motor vehicle at a speed exceeding one hundred (100) miles per hour;
(6) 
In any ten (10) year period, not have been convicted of or placed on probation or deferred adjudication for three (3) or more offenses in which the elements of the offense involve the operation of a motor vehicle, boat, or aircraft while intoxicated or under the influence of drugs or alcohol;
(7) 
Not be required to register as a sexual offender under the laws of this state, another state, federal law or the laws of another country; and
(8) 
Not have been convicted of, or placed on deferred adjudication or deferred disposition within the previous three (3) years for more than three (3) moving traffic violations arising out of separate transactions within any twelve (12) month period.
(b) 
A driver shall not operate a vehicle for hire for the purpose of providing vehicle for hire services if the driver does not meet the driver qualifications in this section.
(c) 
A licensee shall not intentionally, knowingly or recklessly allow a person to operate a vehicle for hire to provide vehicle for hire services if the person does not meet the driver qualifications in this section.
(Ordinance 2016-37 adopted 10/25/16)
(a) 
The city may make a written request to a licensee to inspect the licensee’s records relating to a driver or the licensee if the city receives a complaint or information that a driver or licensee does not meet the requirements of this article.
(b) 
A licensee shall make the requested records available for inspection by the city at a location within the corporate limits of the city, within ten (10) calendar days of the licensee receiving a written request from the city.
(Ordinance 2016-37 adopted 10/25/16)
No person shall provide hailable service unless the name of the licensee is permanently displayed on the outside of the rear door or front door, in letters not less than two and one-half inches in height and not less than five-sixteenths inch wide.
(Ordinance 2017-01 adopted 1/10/17)
(a) 
The city council shall have the power to fix the rates, charges and fares of all taxicabs operating within the city.
(b) 
The city council may authorize permittees to implement new rate schedules under the following provisions:
(1) 
Taxicab companies may propose their own rates by providing a copy of the proposed rate schedule and the proposed effective date to the city secretary at least thirty (30) days prior to the proposed date of said rates being placed into effect, which rates shall then be forwarded to the city council for approval. The city council may accept the proposed rates, refuse said rates, or set such rates as it may see fit and proper.
(2) 
Each taxicab permittee may operate under its own rate schedule in accordance with the provisions of this subsection.
(3) 
There shall be posted at all times in each operating taxicab within the city limits of the city, a zoned map of the city (if applicable) and a rate charge.
(c) 
Permittees may follow the rate schedule adopted by the City of Dallas, Texas, or the City of Fort Worth, Texas, as an alternative to subsection (b)(1).
(Ordinance 2016-37 adopted 10/25/16)
(a) 
A violation of any provision of this article is a class C misdemeanor punishable by a fine not to exceed $500.00. Each separate occurrence of a violation or each day that a violation continues shall constitute a separate offense.
(b) 
If an offense defined under this article does not include a culpable mental state, then a culpable mental state is not an element of the offense and the offense shall be one of strict liability.
(c) 
The issuance of a citation shall not limit the chief of police’s authority to revoke an operation license or the city’s ability to pursue civil remedies as provided by state law.
(Ordinance 2016-37 adopted 10/25/16)