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(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)
(a) A person commits an offense if he operates a wrecker engaged in emergency wrecker service in the city without a valid wrecker driver’s permit issued to the person under this division.
(b) A licensee commits an offense if he employs or otherwise allows a person to operate for compensation a wrecker owned, controlled, or operated by the licensee unless the person has a valid wrecker driver’s permit issued under this division. (Ord. 24661)
(a) To qualify for a wrecker driver’s permit, an applicant must:
(1) be at least 19 years of age;
(2) be currently authorized to work full-time in the United States;
(3) hold a valid driver’s license and a valid incident management towing operator’s license issued by the State of Texas;
(4) be able to communicate in the English language;
(5) not be afflicted with a physical or mental disease or disability that is likely to prevent the applicant from exercising ordinary and reasonable control over a motor vehicle or that is likely to otherwise endanger the public health or safety, as determined by a medical doctor licensed to practice medicine in the United States;
(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 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 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 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, that 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, 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 licensee; and
(13) have successfully completed within the preceding 12 months a defensive driving course approved by the Texas Education Agency and be able to present proof of completion.
(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 a wrecker driver’s permit only if the director determines that the applicant is presently fit to engage in the occupation of a wrecker 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 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-35 of this article. (Ord. Nos. 24661; 27487)
To obtain a wrecker driver's permit, or renewal of a wrecker driver's permit, a person must file with the director a completed written application on a form provided for the purpose and a nonrefundable application fee of $29. The director shall require each application to state such information as the director reasonably considers necessary to determine whether an applicant is qualified. (Ord. Nos. 24661; 27695; 30215)
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