Sec. 33-039. - Driver permit.

In accordance with the terms and provisions of this chapter, every person, before driving or accepting employment to drive a vehicle for hire from within the city, shall apply for and obtain a driver permit.

(Ord. No. 82938, § 1, 9-28-95)

Sec. 33-040. - Employing drivers without driver permit prohibited.

A holder may not employ, contract with, or otherwise allow a person to drive a vehicle for hire owned and/or operated by the holder unless such person has a valid driver permit.

(Ord. No. 82938, § 1, 9-28-95)

Sec. 33-041. - Investigation of applicant; records to be considered; qualifications; issuance and denial.

(a)

Upon receipt of an application for a driver permit, the director shall conduct an investigation concerning the character, experience and qualifications of the applicant to determine whether or not the applicant is fit, willing and able to operate a vehicle for hire from within the city in a manner consistent with the general welfare of the public and in accordance with the requirements of this chapter, rules and regulations established by the director, and all other applicable rules, regulations and laws.

(b)

The applicant, at the time of application and at his own expense, shall:

(1)

Be eighteen (18) years of age or older;

(2)

Be a citizen of the United States of America by birth or naturalization, or, if alien, submit evidence of legal residence in the United States and legal right to engage in employment therein;

(3)

Possess the classified state driver's license required for the class of vehicle to be operated by the applicant as defined in article 6687B, Section 4A, Vernon's Annotated Civil Statutes or any amendment thereof.

(4)

Be able to read and speak the English language;

(5)

Be hygienically clean and well groomed in dress and person;

(6)

Provide the director with a street address and phone number; an applicant shall notify the director in writing, of any change thereto within five (5) business days of the change;

(7)

Execute an authorization in writing for the provision to the city of any and all information which an organization or entity may have concerning the applicant and a release to said organization or entity from all liability which may result from the furnishing of such to the city;

(8)

Be approved for employment by a holder; an applicant shall provide the director with the name and business address of said prospective employer and shall, upon transfer of employment from one holder to another, notify said director of such in writing within two (2) business days of the transfer and further, pay the ($10.00) fee required by this chapter;

(9)

Execute an agreement and waiver in writing by which the applicant authorizes the director to permit a holder to in good faith examine the applicant's license file for the purpose of determining whether, in the judgment of the prospective employer, the applicant should be employed to drive a vehicle for hire from within the city;

(10)

Submit to a medical examination by a licensed physician on forms provided;

(11)

Provide the director with a certificate executed by a practicing physician in the city stating specifically the condition of the applicant's hearing and eyesight;

(12)

Have successfully completed, within thirty (30) days of employment or the previous twelve (12) months, a training course approved by the city and consisting of classroom instruction in the area of defensive driving; this segment of instruction must be further approved by the Texas Department of Public Safety or the National Safety Council and proof of completion thereof will be required of the applicant;

(13)

Be able to pass a written examination administered by the director on both the traffic laws and the areas listed in (12) above of this same subsection;

(14)

Take part in any other training which may be required by the director of all applicants where the director has determined that such additional training is in the best interests of the public. This provision in no way limits the director's ability to require driver training at times other than prior to receipt of a driver permit.

(c)

An application for a city driver permit shall be denied where the applicant:

(1)

Is under indictment for or has been convicted of the offense of criminal homicide including murder, capital murder, manslaughter, but excluding criminally negligent homicide;

(2)

Has been convicted of four (4) or more moving violations of the traffic laws of this or any other city or state within the twelve-month period immediately preceding the date of application;

(3)

Has falsified or materially altered or omitted pertinent information in any governmental record, including an application for a driver permit; or

(4)

Has not met the requirement for obtaining a driver permit as set forth in this division.

(d)

An application for a driver permit may also be denied where the applicant is under indictment for or has been convicted of any of the offenses listed in section 33-010(d) of this chapter.

(e)

The director shall approve an application meeting the requirements for obtaining a driver permit as set out in this division and shall disapprove any application not meeting said requirements.

(f)

If the director disapproves an application for a driver permit, then said director shall notify the applicant, in accordance with section 33-072 of this chapter, of his decision and of his basis therefor.

(g)

Upon the applicant receiving notice of the decision of the director, the applicant may appeal such decision as provided by and in accordance with section 33-033

(h)

In the case where an applicant has a background of past criminal activity, driver permit denial based solely thereon is warranted if and only if the past criminal activity is directly related to the duties and responsibilities of a driver as more fully described in this chapter. Accordingly, the factors set forth in section 33-010 of this chapter shall be considered in making a determination of job-relatedness; to this regard, however, it shall be the applicant's responsibility to secure and provide proof that he has otherwise maintained a record of steady employment and good conduct, that he has supported his dependents, and that he has paid all outstanding court costs, supervision fees, fines and restitution as may have been ordered in all criminal cases in which he has been convicted.

(i)

Should the hearing officer affirm the decision of the director to deny the application for a driver permit, however, then an applicant shall not be eligible for re-application for a period of twelve (12) months from the date of the denial, or, in the case of an appeal, from the date the board of appeals affirms the denial.

(Ord. No. 82938, § 1, 9-28-95)

Sec. 33-042. - Revocation and suspension of driver permit.

(a)

A driver permit may be revoked for any of the following:

(1)

Suspension or revocation of the state driver's license;

(2)

Two (2) or more suspensions pursuant to the provisions of this chapter within any twelve-month period;

(3)

Four (4) or more violations of the provisions of this chapter or rules and regulations established by the director within any twelve-month period;

(4)

Four (4) or more convictions of any moving violation of the traffic laws of this or any other city or state within any twelve-month period;

(5)

Conviction of any felony since the date of issuance of the driver permit;

(6)

Revocation of felony probation, parole or mandatory supervision since the date of issuance of the driver permit; or

(7)

Falsification or material alteration or omission of pertinent information in any governmental record, including an application for a driver permit or for renewal thereof.

(8)

Failure to pay a monetary penalty required to be paid for a violation of this chapter within thirty (30) days of the date said penalty becomes due.

(b)

A driver permit may be revoked, or suspended for a period not to exceed sixty (60) days, where the director has determined it is in the best interest of the public to do so, or where the driver:

(1)

Since the date of issuance of his driver permit, has been convicted for violation of any city, state or federal law where said violation relates directly to the duties and responsibilities of the driver including, but not limited to, the violations listed in section 33-010(d) of this chapter;

(2)

Since the date of issuance of his driver permit has been indicted for criminal homicide, including murder, capital murder, manslaughter, but excluding criminal negligent homicide, or for any of the offenses listed in section 33-010(d) of this chapter; or

(3)

Has failed to comply with this chapter.

(c)

A suspension of a driver permit does not affect the expiration date of that driver permit.

(d)

If the director determines that good cause exists, pursuant to this chapter, to revoke or suspend a Driver Permit, then the Director shall notify the driver, in accordance with section 33-072 of this chapter, of his decision.

(e)

Upon receiving notice of the decision of the director, the driver may appeal such decision in accordance with section 33-033 of this chapter.

(Ord. No. 82938, § 1, 9-28-95)

Sec. 33-043. - Reinstatement of driver permit.

Upon revocation of a driver permit, a driver shall not be eligible for re-application for a period of twelve (12) months from the date of revocation, or, in the case of an appeal, from the date the hearing officer affirms the revocation.

(Ord. No. 82938, § 1, 9-28-95)

Sec. 33-044. - Display of permit.

A vehicle for hire driver shall at all times keep a driver permit in the driver's possession and shall allow the director, a peace officer, or any other person authorized to enforce the provisions of this chapter to examine said permit upon request.

(Ord. No. 82938, § 1, 9-28-95; Ord. No. 100552, § 2, 3-10-05)

Sec. 33-045. - License file to be kept.

A driver permit file shall be kept and maintained, in a location determined by the director, of all persons to whom such permit has been issued.

(Ord. No. 82938, § 1, 9-28-95)

Sec. 33-046. - Renewal.

Except for the provisions of section 33-042 and the case where the original driver permit has been revoked for good cause or has expired for failure to renew, a driver permit shall be valid for twenty-four (24) months from the date of issuance thereof after which such permit may be renewed only upon re-application, accompanied by the renewal fee required pursuant to section 33-527 of this chapter, and the meeting of all the application requirements as set forth in this chapter. If the re-application is in proper form and no reason for refusing same is apparent, the Director may, upon request of the driver, issue a temporary permit entitling the driver to continue operating a vehicle for hire pending a decision on his re-application or any appeal thereof. The temporary permit, however, shall be valid only for a period not to exceed sixty (60) days or the date of decision on the re-application or any appeal thereof, whichever comes first.

(Ord. No. 82938, § 1, 9-28-95)

Sec. 33-047. - Voidance of driver permit.

(a)

If the license required by the state for the class of vehicle operated by a driver is suspended or revoked, then the driver's permit automatically becomes void.

(b)

A driver shall, within three (3) days of any expiration, suspension or revocation of his state license, so notify the director and the holder for whom he drives and surrender his driver permit to the director.

(Ord. No. 82938, § 1, 9-28-95)

Sec. 33-048. - Driver lists to be furnished and maintained.

Within ten (10) calendar days of the director's approval of application for an operating permit, the holder thereof shall furnish to the transportation manager a list of all drivers under his employment or with whom he contracts, along with each driver's street address and phone number. The holder shall then keep the list current at all times and shall inform the transportation manager monthly, but in no event later than the third business day of each month, of any new driver, any driver whose employment or contract has been terminated and any change in a driver's street address and/or phone number. The holder's provision of information to the transportation manager as required herein shall always be in writing.

(Ord. No. 82938, § 1, 9-28-95)

Sec. 33-049. - Reserved.