§ 33-985. Application for a drivers permit; qualifications; issuance and denial.

(a)

A TNC may not allow a person who does not have a current and valid drivers permit to operate a vehicle for hire. If a TNC wants to hire a person without a drivers permit, or provide for the renewal of a drivers permit that is about to expire, the TNC is responsible for assisting such person in obtaining a drivers permit. The TNC shall conduct an investigation at no expense to the city 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 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 laws, rules and regulations.

(b)

The TNC shall confirm, and obtain and maintain evidence for submission to the city, upon request pursuant to section 33-986, that at the time the TNC submits the application to the city, the proposed driver:

(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 sections 521.081 and 521.082 of the Transportation Code, possesses an active Department of Defense ID card and a current and valid drivers license from another state, or is a student and possesses a valid drivers license issued by any state or territory of the United States;

(4)

Has executed an authorization in writing for the release by the city to the TNC of any and all information which the city may have concerning the proposed driver, including but not limited to criminal history information, and a release of the city from all liability which may result from the furnishing of such to the TNC;

(5)

Has executed an authorization in writing for the release to the city by the TNC of any and all information, without limitation, which the TNC may have concerning the proposed driver, and a release of the TNC and the city from all liability which may result from the furnishing of such by the TNC;

(6)

Has provided documentation that the driver has a personal automobile policy in the minimum amount required by state law; and,

(7)

Has been subjected to a criminal background check by an entity that has been nationally accredited and does not have either a mandatory disqualification, or a disqualification that is discretionary by the director under sections 33-010(c) and (d), and 33-041(e) and (f).

(c)

In issuing a drivers identification, the TNC:

(1)

Has confirmed that such driver meets the qualifications under this section; and,

(2)

Shall provide the director with the driver's full name and date of birth within 24 hours of when the driver first accepts a ride request.

(d)

An applicant shall pay for and comply with the requirements for a criminal history background check, as approved by the director.

(1)

If an applicant is qualified under subsection (b)(7), the applicant is qualified for a conditional drivers permit, and may be issued a drivers identification by the TNC.

(2)

Such conditional permit shall expire unless the applicant within fourteen (14) days of taking his or her first ride on the system submits his or her fingerprints as described in this subsection, during normal business hours at a location designated by the director, for a criminal history as required by this subsection. If a location designated by the director cannot process an applicant's fingerprints due to no fault of the applicant, the applicant shall submit fingerprints as soon as is reasonably possible.

a.

An applicant must notify the TNC following the submission of fingerprints. The failure of an applicant to submit fingerprints and provide notice of the submission to the TNC as required by this section shall result in the immediate suspension of the applicant's drivers permit. This suspension shall remain in effect until the applicant complies with this requirement.

b.

Upon receipt, the director shall review the criminal history record, following the procedures and standards of section 33-041(e)—(j) to approve or deny the application. If the director determines the applicant is not qualified, the director shall notify the TNC and the applicant, and the conditional drivers permit shall be revoked.

(3)

If an applicant is disqualified under subsection (b)(7), an applicant may submit his/her fingerprints, and upon receipt the director shall review the criminal history record, following the procedures and standards of section 33-041(e)—(j).

(e)

The director's consideration, and the appeal of any permit denial, shall follow the procedures and standards of this section and section 33-041(a), (e)—(j).

(Ord. No. 2015-03-05-0152 , § 1(Att. B), 3-5-15)