§ 37-24. Qualification for permit.

(a)

To qualify for a taxicab driver's permit, an applicant must:

(1)

Be at least eighteen (18) years of age;

(2)

Be a legal resident of the United States;

(3)

Hold a valid driver's license issued by the State of Texas;

(4)

Not have a driver's license suspension pending against him;

(5)

Be able to communicate in the English language;

(6)

Not be afflicted with a physical or mental disease or disability that is likely to prevent him from exercising ordinary and reasonable control over a motor vehicle or that is likely to otherwise endanger the public health or safety;

(7)

Not have been convicted of more than four (4) moving traffic violations arising out of separate transactions, nor involved in more than two (2) automobile accidents in which it could be reasonably determined that he was at fault, within the preceding eighteen (18) months;

(8)

Not be under indictment or be charged by information in this or any other state or the United States for a crime involving:

a.

Capital murder, murder, voluntary manslaughter, involuntary manslaughter or criminal negligent homicide;

b.

Kidnapping;

c.

Any sexual offense, which if committed in Texas would be a Class "B" offense or greater;

d.

Any aggravated assaultive offense;

e.

Robbery;

f.

Transfer, carrying or possession of a weapon in violation of state or federal law;

g.

Possession or delivery of a controlled substance, dangerous drug or narcotic in violation of any state or federal law, except misdemeanor possession offenses; and

h.

Criminal attempt to commit "a" through "g" above, when the offense, if committed in Texas, would be a Class "B" offense or greater.

(9)

Not have been convicted or released from confinement, whichever is later, within one (1) year of the date of the application for any offense listed in subsection (8) above which is classified as a misdemeanor;

(10)

Not have been convicted or released from confinement, whichever is later, within two (2) years of the date of the application for any offense listed in subsection (8) above which is classified as a felony;

(11)

Sections 8, 9 and 10 do not apply to any applicant who has been pardoned by a governor of a state or by the President of the United States for any offense when such pardon specifically finds that the person did not commit the offense;

(12)

Not have been convicted of, discharged by probation or deferred adjudication for driving while intoxicated:

a.

Within the preceding two (2) years; and

b.

More than one (1) time within the preceding five (5) years.

(13)

Not have driving while intoxicated charges pending;

(14)

Not be addicted to the use of alcohol or narcotics;

(15)

Be subject to no outstanding warrants of arrest; and

(16)

Be recommended by a holder.

(b)

An applicant who has been convicted of an offense listed in subsection (8) for which the required time period has elapsed since the date of conviction or the date of release from confinement imposed for the conviction, may qualify for a taxicab driver's permit only if the director determines that the applicant is presently fit to engage in the occupation of a taxicab driver. In determining present fitness under this section, the director shall consider the following:

(1)

The extent and nature of the applicant's past criminal activity;

(2)

The age of the applicant at the time of the commission of crime;

(3)

The amount of time that has elapsed since the applicant's last criminal activity;

(4)

The conduct and work activity of the applicant prior to and following the criminal activity;

(5)

Evidence of the applicant's rehabilitation or rehabilitative effort while incarcerated or following release; and

(6)

Other evidence of the applicant's present fitness, including letters of recommendation from prosecution, law enforcement, and correctional officers who prosecuted, arrested or had custodial responsibility for the applicant; the sheriff and chief of police in the community where the applicant resides; and any other persons in contact with the applicant.

(c)

It is the responsibility of the applicant, to the extent possible, to secure and provide to the director the evidence required to determine present fitness.

(d)

As an additional qualification, the director may uniformly require applicants to pass an examination given by the director that tests the applicant's knowledge of:

(1)

Traffic laws;

(2)

A driver's duties under this chapter;

(3)

Revised regulations promulgated by the director; and

(4)

The geography of the city.

State Law reference— Minimum age of taxicab drivers, V.T.C.A., Transportation Code § 531.024.

(Ord. No. 5009, § 1, 8-14-86)