§ 33-002. Scope; effect; exclusions.

This chapter governs the operation of vehicles for hire and ground transportation services in the city under each form of operating authority. The chapter, however, is not a limitation on the power of the city council to incorporate in a grant of operating authority special provisions relating to the operation of the particular ground transportation service to the grant. To the extent that a special provision conflicts with this chapter, the special provision controls. The following exclusions apply:

(a)

This chapter does not apply to a person operating a ground transportation service that is:

(1)

Operated under state or federal authority unless subject to the city's regulatory authority;

(2)

Used to transport persons for hire and is regulated by another city ordinance;

(3)

In the performance of a service involving a point of origin or destination outside the city that was authorized by a certificate of public convenience and necessity issued by the Texas Railroad Commission, except that the director shall prescribe routes, times, and locations for loading, unloading and stopping on public streets in the city for a ground transportation service operated under such a certificate;

(4)

Operated for a funeral home in the performance of funeral services;

(5)

Provided by an employer or employee association for use in transporting employees between the employees' homes and the employer's place of business or between work stations, with the employees reimbursing the employer or employee association in an amount calculated only to offset the reasonable expenses of operating the vehicle;

(6)

Owned and operated by the federal or state government, by a political subdivision of the state, or by a person under contract with the city for operation of the vehicle;

(7)

Used in a carpool to transport the person and others on a prearranged basis between their homes and places of employment or places of common destination, if only a fee calculated to reasonably cover expenses is charged;

(8)

Used to transport children to or from school if only a fee calculated to reasonably cover expenses is charged;

(9)

Owned by a nonprofit organization and carrying only passengers associated with that organization, if no compensation is received from any other person for carrying the passengers;

(10)

A courtesy vehicle, as defined in section 33-003 of this chapter, if the name of the business or sponsor of such vehicle is permanently affixed to the outside of the vehicle;

(11)

Those services the provision of which is a continuation of interstate travel; and

(12)

Those services provided by VIA Metropolitan Transit wherein persons are transported along regularly scheduled routes throughout the city for loading and unloading, at frequent intermittent stops, alongside the curb or curb lines of a street; wherein the disabled and the elderly are provided with special services; and wherein persons are offered express service from designated park and ride locations throughout the city.

(b)

Divisions 4 and 6 of this article do not apply to:

(1)

The driver of a ground transportation service operated under authority granted by the Interstate Commerce Commission, if the driver is operating within the scope of the driver's employment; and

(2)

Motor coaches having a gross-weight rating in excess of twenty-three thousand (23,000) pounds.

(Ord. No. 2014-12-11-1002, § 1(Att. A), 12-11-14)