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(a) The director shall, within a reasonable time after the date of application, issue a private ambulance
service license to an applicant who complies with the provisions of this article.
(b) A license issued to a private ambulance service authorizes the licensee and the licensee’s bona fide employees to engage in private ambulance service.
(c) The annual fee for a private ambulance service license is $445. The fee for issuing a duplicate license for one lost, destroyed, or mutilated is $5. The fee is payable to the director upon issuance of a license. No refund of a license fee will be made.
(d) A private ambulance service license issued under this article must be conspicuously displayed in the private ambulance service’s business establishment.
(e) A private ambulance service license, or any accompanying permit, badge, sticker, ticket, or emblem, is not assignable or transferable. (Ord. Nos. 21861; 30215)
(a) A private ambulance service license expires one year from the date of issuance. A licensee shall apply for a renewal at least 30 days before the expiration of the license. The director shall renew a license without a public hearing if, after investigation, the director determines that:
(1) the licensee has performed satisfactorily under the terms of the license;
(2) the service provided continues to be necessary and desirable; and
(3) the licensee continues to comply with all requirements of this article.
(b) If, after investigation of a renewal application, the director determines that a statement in Subsection (a)(1), (2), or (3) is not true, the director shall call a public hearing and consider the renewal in the same manner as an original application. (Ord. 21861)
(a) The director shall refuse to issue or renew a private ambulance service license if the director determines that the applicant or licensee:
(1) made a false statement as to a material matter in an application for a license or license renewal, or in a hearing concerning the license;
(2) was convicted twice within a 12-month period or three times within a 24-month period for violation of this article;
(3) had a private ambulance service license suspended two times within the preceding 12 months or three times within the preceding 24 months, or revoked within the preceding 24 months;
(4) failed to comply with any requirement of this article or any rule or regulation established by the director under this article;
(5) was convicted for a violation of another city, state, or federal law or regulation that indicates lack of fitness of the applicant or licensee to operate a private ambulance service;
(6) was convicted of any felony offense while holding a private ambulance service license;
(7) used a trade name for a private ambulance service other than the one registered with the director; or
(8) is not fit, willing, or able to operate a private ambulance service in accordance with the license, this article, rules and regulations established by the director under this article, and other applicable state and federal laws.
(b) If the director determines that a license should be denied the applicant or licensee, the director shall notify the applicant or licensee in writing that the application is denied and include in the notice the reason for denial and a statement informing the applicant or licensee of the right of appeal. (Ord. 21861)
(a) The director may suspend or revoke a private ambulance service license if the director determines that the licensee:
(1) made a false statement as to a material matter in an application for a license or license renewal, or in a hearing concerning a license;
(2) failed to comply with any provision of this article or any rule or regulation established by the director under this article;
(3) was convicted for a violation of another city, state, or federal law or regulation that indicates lack of fitness of the licensee to operate a private ambulance service;
(4) is under indictment for or was convicted of any felony offense while holding a private ambulance service license;
(5) used a trade name for a private ambulance service other than the one registered for that service with the director;
(6) is not fit, willing, or able to continue to operate a private ambulance service in accordance with the license, this article, rules and regulations established by the director under this article, and other applicable state and federal laws; or
(7) failed to pay all fees required by this article.
(b) The director may suspend a private ambulance service license for a period not to exceed 60 days. At the end of the suspension period, the licensee may file with the director a written request for reinstatement of the license. The director shall determine if the deficiency causing the suspension has been corrected by the licensee and approve or deny reinstatement.
(c) The director shall notify the licensee in writing of a suspension or revocation under this section and include in the notice:
(1) the reason for the suspension or revocation;
(2) the date the suspension or revocation becomes effective;
(3) the duration of a suspension; and
(4) a statement informing the licensee of the right of appeal.
(d) After receipt of a notice of suspension or revocation, the licensee shall, on the date specified in the notice, surrender the license to the director and discontinue operating a private ambulance service inside the city.
(e) Notwithstanding Subsection (d), if the licensee appeals a suspension or revocation under this section, the licensee may continue to operate a private ambulance service pending the appeal unless:
(1) the licensee fails to meet the minimum insurance requirements of Section 15D-9.26 of this article; or
(2) the director determines that continued operation by the licensee would impose a serious and imminent threat to the public safety.
(f) A person whose private ambulance service license is revoked shall not, before the expiration of 24 months from the date the director revokes the license or, in the case of an appeal, the date the permit and license appeal board affirms the revocation:
(1) apply for another private ambulance service license; or
(2) perform as an employee, representative, or ambulance personnel for a private ambulance service licensee. (Ord. 21861)
(a) If the director suspends a private ambulance service license, the action is final unless the licensee files an appeal, in writing, with the city manager within 10 business days after notice of suspension.
(b) The city manager or the city manager’s designated representative shall act as the appeal hearing officer in an appeal hearing under this section. The hearing officer shall give the appealing party an opportunity to present evidence and make argument. The formal rules of evidence do not apply to an appeal hearing under this section, and the hearing officer shall make a ruling on the basis of a preponderance of the evidence presented at the hearing.
(c) The hearing officer may affirm, modify, or reverse all or part of the action of the director being appealed. The decision of the hearing officer is final. (Ord. 21861)
If the director denies an application for a license or license renewal, or revokes a license, the action is final unless the applicant or licensee files an appeal with the permit and license appeal board in accordance with Section 2-96 of this code. (Ord. 21861)
(a) A person commits an offense if he drives or acts as an attendant on a private ambulance within the city without a valid ambulance personnel permit issued under this article. It is a defense to prosecution under this subsection that the person was riding in the ambulance solely as an observer or as an ambulance personnel trainee.
(b) A private ambulance service licensee shall not employ, contract with, or otherwise allow a person to drive or act as an attendant on a private ambulance owned, controlled, or operated by the licensee unless the person has a valid ambulance personnel permit issued under this article. (Ord. 21861)
(a) To qualify for an ambulance personnel permit, an applicant must:
(1) be at least 18 years of age;
(2) be currently authorized to work full-time in the United States;
(3) hold a valid driver’s license issued by the State of Texas;
(4) be able to communicate in the English language;
(5) have 20/20 vision in both eyes, with or without corrective lenses, and not be afflicted with a physical or mental disease or disability that is likely to prevent the person from exercising ordinary and reasonable control over a motor vehicle or that is likely to otherwise endanger the public health or safety;
(6) not have been convicted of more than four moving traffic violations arising out of separate transactions, nor involved in more than two motor vehicle accidents in which it could be reasonably determined that the applicant was at fault, within any 12-month period during the preceding 36 months;
(7) not have been convicted of a crime:
(A) involving:
(i) criminal homicide as described in Chapter 19 of the Texas Penal Code;
(ii) kidnapping as described in Chapter 20 of the Texas Penal Code;
(iii) a sexual offense as described in Chapter 21 of the Texas Penal Code;
(iv) an assaultive offense as described in Chapter 22 of the Texas Penal Code;
(v) robbery as described in Chapter 29 of the Texas Penal Code;
(vi) burglary as described in Chapter 30 of the Texas Penal Code, but only if the offense was committed against a person with whom the applicant came in contact while engaged in private or emergency ambulance service;
(vii) theft as described in Chapter 31 of the Texas Penal Code, but only if the offense was committed against a person with whom the applicant came in contact while engaged in private or emergency ambulance service;
(viii) fraud as described in Chapter 32 of the Texas Penal Code, but only if the offense was committed against a person with whom the applicant came in contact while engaged in private or emergency ambulance service;
(ix) tampering with a govern- mental record as described in Chapter 37 of the Texas Penal Code, but only if the offense was committed against a person with whom the applicant came in contact while engaged in private or emergency ambulance service;
(x) public indecency (prostitution or obscenity) as described in Chapter 43 of the Texas Penal Code;
(xi) the private, carrying, or possession of a weapon in violation of Chapter 46 of the Texas Penal Code, or of any comparable state or federal law, that is punishable as a felony under the applicable law;
(xii) a violation of the Dangerous Drugs Act (Article 4476-14, Vernon’s Texas Civil Statutes), or of any comparable state or federal law, that is punishable as a felony under the applicable law;
(xiii) a violation of the Controlled Substances Act (Article 4476-15, Vernon’s Texas Civil Statutes), or of any comparable state or federal law, that is punishable as a felony under the applicable law; or
(xiv) criminal attempt to commit any of the offenses listed in Subdivision (7)(A)(i) through (xiii) of this subsection;
(B) for which:
(i) 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;
(ii) 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
(iii) 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;
(8) not have been convicted of, or discharged by probation or deferred adjudication for, driving while intoxicated:
(A) within the preceding 12 months; or
(B) more than one time within the preceding five years;
(9) not be addicted to the use of alcohol or narcotics;
(10) be subject to no outstanding warrants of arrest;
(11) be sanitary and well-groomed in dress and person;
(12) be employed by a licensed private ambulance service;
(13) have successfully completed within the preceding 36 months a defensive driving course approved by the Texas Education Agency and be able to present proof of completion; and
(14) meet all standards and requirements for emergency medical services personnel set forth in the Emergency Medical Services Act (Chapter 773, Texas Health and Safety Code), as amended, and be currently certified by and registered with the Texas Department of Health as either a basic emergency medical technician, a specially skilled emergency medical technician, or a paramedic emergency medical technician.
(b) An applicant who has been convicted of an offense listed in Subsection (a)(7) or (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 an ambulance personnel permit only if the director determines that the applicant is presently fit to engage in the occupation of ambulance personnel for a private ambulance 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 and under Section 15D-9.15 of this article.
(d) As an additional qualification for an ambulance personnel permit, the director may require the applicant to pass an examination testing general knowledge of traffic laws and the geography of the city. (Ord. 21861)
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