§ 12-118. Qualifications.

(a)

To qualify for an operating authority, an applicant must:

(1)

Be at least 18 years of age;

(2)

Be currently authorized to work full-time in the United States;

(3)

Be able to communicate in the English language; and

(4)

Not have been convicted of a crime involving:

a.

Kidnapping as described in V.T.C.A., Penal Code ch. 20;

b.

A sexual offense as described in V.T.C.A., Penal Code ch. 21;

c.

Robbery as described in V.T.C.A., Penal Code ch. 29;

d.

Burglary as described in V.T.C.A., Penal Code ch. 30, but only if the offense was committed against a person with whom the applicant came in contact while engaged in a passenger transportation service;

e.

Theft as described in V.T.C.A., Penal Code ch. 31, but only if the offense was committed against a person with whom the applicant came in contact while engaged in a passenger transportation service;

f.

Fraud as described in V.T.C.A., Penal Code ch. 32, but only if the offense was committed against a person with whom the applicant came in contact while engaged in a passenger transportation service;

g.

Tampering with a governmental record as described in V.T.C.A., Penal Code ch. 37, but only if the offense was committed against a person with whom the applicant came in contact while engaged in a passenger transportation service;

h.

Public indecency (prostitution or obscenity) as described in V.T.C.A., Penal Code ch. 43;

i.

The transfer, carrying, or possession of a weapon in violation of V.T.C.A., Penal Code ch. 46, but only if the violation is punishable as a felony;

j.

A violation of the Dangerous Drugs Act, V.T.C.A., Health and Safety Code ch. 483 that is punishable as a felony;

k.

A violation of the Controlled Substances Act, V.T.C.A., Health and Safety Code ch. 481 that is punishable as a felony; or

l.

Criminal attempt to commit any of the offenses listed in subsections (a)(4)a. through k. of this section; for which:

1.

Less than two years have elapsed since the date of conviction or the date of release from confinement imposed for the conviction, whichever is the later date, if the applicant was convicted of a misdemeanor offense;

2.

Less than five years have elapsed since the date of conviction or the date of release from confinement for the conviction, whichever is the later date, if the applicant was convicted of a felony offense; or

3.

Less than five years have elapsed since the date of the last conviction or the date of release from confinement for the last conviction, whichever is the later date, if, within any 24-month period, the applicant has two or more convictions of any misdemeanor offense or combination of misdemeanor offenses.

(b)

An applicant who has been convicted of an offense listed in subsection (a)(4) of this section, 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 an operating authority only if the director determines that the applicant is presently fit to provide a public transportation service. 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 the 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 under subsection (b) of this section.

(Code 1982, § 15-92; Ord. No. 01-39, § 1, 8-6-2001)