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

(a)

A holder may not allow a person who does not have a current and valid drivers permit to operate a vehicle for hire. If a holder wants to hire a person without a drivers permit, or provide for the renewal of a drivers permit, the holder is responsible for assisting such person in obtaining a drivers permit. The holder shall conduct an investigation at no expense to the city concerning the character, experience and qualifications of the applicant to determine whether or not that applicant is fit, willing, and able to operate a vehicle for hire in a manner consistent with the general welfare of the public and in accordance with the requirements of this chapter, rules and regulation established by the director, and all other applicable laws, rules and regulation.

(b)

The holder shall confirm, obtain, and maintain evidence for submission to the city upon request pursuant to section 33-055, that the applicant meets all the requirements in this section. The holder shall attest through an enrollee/transfer slip, on a form provided by the city, that the applicant is in compliance with the following:

(1)

Is eighteen (18) years of age or older;

(2)

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

(3)

Possesses a valid Texas drivers license required for the class of vehicle to be operated by the applicant as required by V.T.C.A. Transportation Code §§ 521.081 and 521.082, or posses an active Department of Defense ID card and a current and valid drivers license from another state.

(4)

Is able to read and speak the English language;

(5)

Has been added to or remains on the permit holders insurance policy;

(6)

Has completed a drivers training program that has been approved under section 33-007 of this chapter;

(7)

Has a negative drug test as required under section 33-029 of this chapter:

(8)

Has successfully completed any other training outlined in the rules and regulations established by the director; and

(9)

Has provided a copy of the applicant's DD-214, if the applicant has prior military service;

(c)

An applicant at the time of application and at the applicant's expense shall:

(1)

Provide the director with the applicant's residence, street, address, and a valid phone number; an applicant shall notify the director of any changed thereto within five (5) business days of the change;

(2)

Execute an authorization in writing for the release by the city to an organization or entity of any and all information which the city may have concerning the applicant, including, but not limited to, criminal history information, and a release of the city for all liability which may result from the furnishing of such to an organization;

(3)

Execute an authorization in writing for the release to the city by any organization or entity of any and all information, without limitation, which the organization or entity may have concerning the applicant, and a release of the organization or entity and the city from all liability which may result from the furnishing of such by the organization or entity;

(4)

Pay any fees required by this chapter.

(d)

An applicant may be issued a drivers permit where the applicant:

(1)

Has complied with subsections 33-041(a), (b), and (c); and

(2)

Has paid for and complied with the requirements for a fingerprint criminal history background check, approved by the director.

(e)

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

(1)

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

(2)

Has been convicted or has been placed on community supervision, including but not limited to probation and deferred adjudication, of four (4) or more moving violations of the traffic laws of this or any other city or state within the 12-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 drivers permit; or

(4)

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

(f)

An application for a drivers permit may also be denied where the applicant is under indictment, is currently on community supervision, including but not limited to probation and deferred adjudication, or has been convicted of any of the offenses listed in section 33-010 of this chapter.

(g)

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

(h)

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 of this chapter.

(i)

In the case where an applicant has a background of past criminal activity, drivers 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. In this regard, however, it shall be the applicant's responsibility to secure and provide proof that applicant has otherwise maintained a record of steady employment and good conduct, that applicant has supported applicant's dependents, and that applicant has paid all outstanding court costs, supervision fees, fines and restitution as may have been ordered in any criminal cases.

(j)

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

(Ord. No. 2014-12-11-1002, § 1(Att. A), 12-11-14; Ord. No. 2016-03-03-0164 , § 1(Att. A), 3-3-16)