Division 4. Ambulance Personnel Permit.

SEC. 15D-9.8. AMBULANCE PERSONNEL PERMIT REQUIRED.

   (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)

SEC. 15D-9.9. QUALIFICATION FOR AMBULANCE PERSONNEL PERMIT.

   (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)

SEC. 15D-9.10. APPLICATION FOR AMBULANCE PERSONNEL PERMIT.

   To obtain an ambulance personnel permit or renewal of an ambulance personnel permit, a person must file with the director a completed written application on a form provided for that purpose and a nonrefundable application fee of $64. The director shall require each application to state any information the director considers necessary to determine whether an applicant is qualified. (Ord. Nos. 21861; 25048; 27695; 30215)

SEC. 15D-9.11. INVESTIGATION OF APPLICATION.

   (a)   For the purpose of determining qualification under Section 15D-9.9(a)(5) for a permit or permit renewal, the director may require an applicant to submit to a physical examination conducted by a licensed physician, at the applicant’s expense, and to furnish to the director a signed statement from the physician certifying that the physician has examined the applicant and that in the physician’s professional opinion the applicant is qualified under Section 15D-9.9(a)(5).

   (b)   Upon request of the director, the police department shall investigate each applicant and furnish the director a report concerning the applicant’s qualification under Section 15D-9.9. The municipal court shall furnish the director a copy of the applicant’s motor vehicle driving record and a list of any warrants of arrest for the applicant that might be outstanding.

   (c)   The director may conduct any other investigation as the director considers necessary to determine whether an applicant for an ambulance personnel permit is qualified. (Ord. 21861)

SEC. 15D-9.12. ISSUANCE AND DENIAL OF AMBULANCE PERSONNEL PERMIT.

   (a)   If the director determines that an applicant is qualified, the director shall issue an ambulance personnel permit to the applicant. An ambulance personnel permit, or any accompanying badge, sticker, ticket, or emblem, is not assignable or transferable.

   (b)   The director shall delay until final adjudication the approval of the application of any applicant who is under indictment for or has charges pending for:

      (1)   a felony offense involving a crime described in Section 15D-9.9(a)(7)(A)(i), (ii), (iii), (iv), or (v) or criminal attempt to commit any of those offenses; or

      (2)   any offense involving driving while intoxicated.

   (c)   The director shall deny the application for an ambulance personnel permit if the director determines that the applicant:

      (1)   is not qualified under Section 15D-9.9;

      (2)   refuses to submit to or does not pass a medical examination authorized under Section 15D-9.11(a) or a written examination authorized under Section 15D-9.9(d);

      (3)   makes a false statement of a material matter in an application for an ambulance personnel permit or permit renewal, or in a hearing concerning the permit; or

      (4)   fails to comply with this article or any rule or regulation established by the director under this article.

   (d)   If the director determines that an ambulance personnel permit should be denied the applicant, the director shall notify the applicant in writing that the application is denied and include in the notice the reason for denial and a statement informing the applicant of the right of appeal. (Ord. 21861)

SEC. 15D-9.13. EXPIRATION OF PERMIT; VOIDANCE UPON SUSPENSION OR REVOCATION OF STATE DRIVER’S LICENSE.

   (a)   Except in the case of a provisional or probationary permit, an ambulance personnel permit expires one year from the date of issuance.

   (b)   If a permittee’s state driver’s license is suspended or revoked by the state, the ambulance personnel permit automatically becomes void. A permittee shall notify the director and the licensee for whom the permittee drives within three days of a suspension or revocation of a state driver’s license and shall immediately surrender the ambulance personnel permit to the director and cease to drive or act as an attendant on a private ambulance. (Ord. 21861)