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(a) To qualify for an emergency wrecker service license, an applicant must:
(1) be at least 19 years of age;
(2) be currently authorized to work full-time in the United States;
(3) be able to provide all associated drivers with a GPS-enabled device;
(4) be able to communicate in the English Language; and
(5) 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 a towing or wrecker 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 a towing or wrecker 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 a towing or wrecker service;
(ix) tampering with a governmental 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 a towing or wrecker service;
(x) public indecency (prostitution or obscenity) as described in Chapter 43 of the Texas Penal Code;
(xi) the transfer, carrying, or possession of a weapon in violation of Chapter 46 of the Texas Penal Code, or of any comparable state or federal law, but only if the violation is punishable as a felony under the applicable law;
(xii) a violation of the Texas Dangerous Drug Act (Chapter 483, Texas Health and Safety Code), or of any comparable state or federal law, but only if the violation is punishable as a felony under the applicable law;
(xiii) a violation of the Texas Controlled Substances Act (Chapter 481, Texas Health and Safety Code), or of any comparable state or federal law, but only if the violation is punishable as a felony under the applicable law; or
(xiv) criminal attempt to commit any of the offenses listed in Subdivision (4)(A)(i) through (xiii) of this subsection; and
(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;
(6) not be addicted to the use of alcohol or narcotics;
(7) be subject to no outstanding warrants of arrest;
(8) not employ any person who is not qualified under this subsection;
(9) be able to provide emergency wrecker service with at least four wreckers, including a minimum of one conventional light duty wrecker and one tilt bed/roll back carrier (the other two wreckers may be either conventional light duty or tilt bed/roll back), that meet the requirements of this article and any rules and regulations promulgated by the director or the chief of police under this article;
(10) have at least three years experience in wrecker operations and provide detailed financial reports for the previous three years that include income statements and balance sheets covering all wrecker activities or, if the applicant does not prepare an annual financial report, copies of the applicant's federal income tax statements for the previous three calendar years relating to the business; and
(11) have an established drug testing policy as required under Chapter 2308 of the Texas Occupations Code, as amended.
(b) An applicant who has been convicted of, or who employs a person who has been convicted of, an offense listed in Subsection (a)(4), 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 emergency wrecker service license only if the director determines that the applicant, or the employee, is presently fit to engage in the business of an emergency wrecker service. In determining present fitness under this section, the director shall consider the following:
(1) the extent and nature of the applicant’s, or employee’s, past criminal activity;
(2) the age of the applicant, or employee, at the time of the commission of the crime;
(3) the amount of time that has elapsed since the applicant’s, or employee’s, last criminal activity;
(4) the conduct and work activity of the applicant, or employee, prior to and following the criminal activity;
(5) evidence of the applicant’s, or employee’s, rehabilitation or rehabilitative effort while incarcerated or following release; and
(6) other evidence of the applicant’s, or employee’s, present fitness, including letters of recommendation from prosecution, law enforcement, and correctional officers who prosecuted, arrested, or had custodial responsibility for the applicant, or employee; the sheriff and chief of police in the community where the applicant, or employee, resides; and any other persons in contact with the applicant, or employee.
(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.
(d) An applicant for an emergency wrecker service license has the burden of proving that the applicant is qualified to operate an emergency wrecker service under this article.
(e) In determining whether the applicant is qualified to operate an emergency wrecker service in the city, the director shall consider, but not be limited to considering, the fitness of the applicant to perform an emergency wrecker service as may be indicated by the experience in wrecker operation, the safety record of the applicant, and the applicant’s compliance with other city, state, and federal laws. (Ord. Nos. 24661; 27487; 32265)
(a) The director shall, within 30 days after the date of application, issue an emergency wrecker service license to an applicant who complies with this article.
(b) A license issued to an emergency wrecker service authorizes the licensee and any bona fide employee to engage in emergency wrecker service.
(c) The annual fee for an emergency wrecker service license is $520, prorated on the basis of whole months. The fee for issuing a duplicate license for one lost, destroyed, or mutilated is $20. The fee is payable to the director upon issuance of a license. No refund of a license fee will be made.
(d) An emergency wrecker service license issued pursuant to this article must be conspicuously displayed in the emergency wrecker service’s business location.
(e) An emergency wrecker service license, or any accompanying permit, badge, sticker, ticket, or emblem, is not assignable or transferable.
(f) An emergency wrecker service license expires June 30 of each year and may be renewed by applying in accordance with Section 15D-21. Application for renewal must be made not less than 30 days or more than 60 days before expiration of the license and must be accompanied by the annual license fee.
(g) A licensee shall, not less than 10 days before any change of address or trade name, notify the director of such changes. (Ord. Nos. 13977; 14685; 15612; 16554; 21175; 24661; 27487; 27695; 30215)
(a) The director shall refuse to issue or renew an emergency wrecker service license if the applicant or licensee:
(1) intentionally or knowingly makes 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) has been convicted twice within a 12- month period or three times within a 24-month period for violation of this article or has had an emergency wrecker service license revoked within two years prior to the date of application;
(3) uses a trade name for the emergency wrecker company other than the one registered with the director;
(4) has had an emergency wrecker service license suspended on three occasions within 12 months for more than three days on each occasion;
(5) has been finally convicted for violation of another city, state, or federal law that indicates a lack of fitness of the applicant to perform emergency wrecker service;
(6) fails to meet the service standards in the rules and regulations established by the director or the chief of police;
(7) is not qualified under Section 15D-22 of this article; or
(8) uses a subcontractor to provide emergency wrecker service.
(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 specific reason or reasons for denial and a statement informing the applicant or licensee of the right to, and process for, appeal of the decision. (Ord. Nos. 13977; 14685; 14996; 15612; 16554; 24661; 27487)
(a) A representative of the director or chief of police may suspend an emergency wrecker service license for a definite period of time not to exceed three days, and the director or the chief of police may suspend an emergency wrecker service license for a definite period of time not to exceed 10 days or, if the deficiency is detrimental to public safety, then for a period of time until the deficiency is corrected, for one or more of the following reasons:
(1) Failure of the licensee to maintain any wrecker or equipment in a good and safe working condition.
(2) Violation by the licensee or an employee of the licensee of a provision of this article or of the rules and regulations established by the chief of police or the director under this article.
(3) Failure of the licensee’s wrecker to arrive at a police scene location or a rapid response location within the prescribed time after having been notified to do so by the chief of police.
(4) Conviction of an emergency wrecker driver of a provision of the motor vehicle or traffic laws of this state or city while in the scope of employment in the licensee’s emergency wrecker service.
(5) Failure to continuously employ at least four emergency wrecker drivers who hold valid wrecker driver’s permits issued under this article.
(b) Written notice of the suspension must be served on the licensee and must include the reason for suspension, the date the suspension begins, the duration of the suspension, and a statement informing the licensee of the right of appeal.
(c) A licensee may appeal a suspension imposed under Subsection (a) in the following manner:
(1) A licensee who is suspended by a representative of the chief of police may appeal the suspension by written request to the chief of police within 10 days after written notification of suspension. The chief of police shall conduct a hearing and may sustain, reverse, or modify the action appealed. The action of the chief of police is final.
(2) A licensee who is suspended by a representative of the director may appeal the suspension by written request to the director within 10 days after written notification of suspension. The director shall conduct a hearing and may sustain, reverse, or modify the action appealed. The action of the director is final.
(3) A licensee who is suspended by the director or the chief of police may appeal the suspension to an appeals panel consisting of the chief of police, the director, and a representative of the city manager’s office, in accordance with the following procedures:
(A) A written request to the director must be made within 10 days after written notice to the licensee.
(B) The appeals panel shall set a time, date, and place for a hearing and the licensee will be notified at least three days prior to the hearing.
(C) The appeals panel may sustain, reverse, or modify the action appealed. The action of the panel is final.
(d) The period of suspension begins on the date specified in the notice of suspension or, in the case of an appeal, on the date ordered by the appeal hearing officer or panel, whichever applies.
(e) A licensee whose emergency wrecker service license is suspended shall not operate an emergency wrecker service inside the city during the period of suspension. (Ord. Nos. 13977; 14685; 15612; 16554; 24661; 27487)
The director shall revoke an emergency wrecker service license if the director determines that the licensee:
(1) intentionally or knowingly made a false statement as to a material matter in an application or hearing concerning the license;
(2) used a trade name for the emergency wrecker company other than the one registered with the director;
(3) had the emergency wrecker service license suspended on three occasions within 12 months for more than three days on each occasion;
(4) had the emergency wrecker service license suspended for a deficiency that is detrimental to public safety and 20 days have elapsed without a correction of the deficiency;
(5) intentionally or knowingly failed to comply with applicable provisions of this article or with the conditions and limitations of the license;
(6) operated a towing or wrecker service not authorized by the license or other applicable law;
(7) has been finally convicted for violation of another city, state, or federal law that indicates a lack of fitness of the licensee to perform emergency wrecker service;
(8) is under indictment for or has been convicted of any felony offense while holding an emergency wrecker service license;
(9) does not qualify for a license under Section 15D-22 of this article;
(10) failed to pay a fee required under this article; or
(11) violated Section 15D-57(c)(1), (2), or (3) of this article. (Ord. Nos. 13977; 14685; 14996; 15612; 16554; 24661; 27487)
If the director denies issuance or renewal of a license or revokes a license, the applicant or licensee may file an appeal with the permit and license appeal board in accordance with Section 2-96 of this code. (Ord. Nos. 13977; 14685; 14996; 16478; 18200; 24661; 27487)
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