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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)
(a) For the purpose of determining qualification under Section 15D-29(a)(5), the director may require an applicant to submit to a physical examination conducted by a licensed physician, at 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-29(a)(5).
(b) The director shall obtain a current official criminal history report (issued by the Texas Department of Public Safety within the preceding 12 months) on each applicant to determine the applicant’s qualification under Section 15D-29. The director shall obtain 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 such other investigation as the director considers necessary to determine whether an applicant for a wrecker driver’s permit is qualified.
(d) The director shall provide the applicant, upon written request, a copy of all materials contained in the applicant’s file to the extent allowed under the Public Information Act (Chapter 552, Texas Government Code), as amended. (Ord. Nos. 24661; 27487)
(a) The director shall issue a wrecker driver’s permit to an applicant, unless the director determines that the applicant is not qualified.
(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-29(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 a wrecker driver’s permit if the applicant:
(1) is not qualified under Section 15D-29;
(2) refuses to submit to or does not pass a medical examination authorized under Section 15D-31(a); or
(3) intentionally or knowingly makes a false statement of a material fact in an application for a wrecker driver’s permit.
(d) If the director determines that a 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 specific reason or reasons for denial and a statement informing the applicant of the right to, and the process for, appeal of the decision. (Ord. 24661)
(a) Except in the case of a probationary or provisional permit, a wrecker driver’s permit expires one year from the date of issuance.
(b) If a permittee’s state driver’s license or incident management towing operator’s license is suspended or revoked by the state, the wrecker driver’s permit automatically becomes void. A permittee shall notify the director and the licensee for whom the permittee drives within three days after a suspension or revocation of either state license and shall immediately surrender the wrecker driver’s permit to the director. (Ord. Nos. 24661; 27487)
(a) The director may issue a provisional wrecker driver’s permit if the director determines that it is necessary pending completion of investigation of an applicant for a wrecker driver’s permit.
(b) A provisional wrecker driver’s permit expires on the date shown on the permit, which date shall not exceed 45 days after the date of issuance, or on the date the applicant is denied a wrecker driver’s permit, whichever occurs first.
(c) The director shall not issue a provisional permit to a person who has been previously denied a wrecker driver’s permit. (Ord. 24661)
(a) The director may issue a probationary wrecker driver’s permit to an applicant who is not qualified for a wrecker driver’s permit under Section 15D-29 if the applicant:
(1) could qualify under Section 15D-29 for a wrecker driver’s permit within one year from the date of application;
(2) holds a valid state driver’s license or occupational driver’s license;
(3) holds a valid state incident management towing operator’s license; and
(4) is determined by the director, using the criteria listed in Section 15D-29(b) of this article, to be presently fit to engage in the occupation of a wrecker driver.
(b) A probationary wrecker driver’s permit may be issued for a period not to exceed one year.
(c) The director may prescribe appropriate terms and conditions for a probationary wrecker driver’s permit as the director determines are necessary. (Ord. Nos. 24661; 27487)
If a wrecker driver's permit is lost or destroyed, the director shall issue the permittee a duplicate permit upon payment to the city of a duplicate permit fee of $24. (Ord. Nos. 24661; 27695; 30215)
(a) If a duly authorized representative designated by the director to enforce this article determines that a permittee has failed to comply with this article (except Section 15D-29) or a regulation established under this article, the representative may suspend the wrecker driver’s permit for a period of time not to exceed three days by personally serving the permittee with a written notice of the suspension. The written notice must include the reason for suspension, the date the suspension begins, the duration of the suspension, and a statement informing the permittee of the right of appeal.
(b) A suspension under this section may be appealed to the director or the director’s assistant if the permittee requests an appeal at the time the representative serves notice of suspension or within 10 days after the notice of suspension is served. When an appeal is requested, the suspension may not take effect until a hearing is provided by the director or the director’s assistant.
(c) The director may order an expedited hearing under this section, to be held as soon as possible after the permittee requests an appeal, but at least 10 days advance notice of the hearing must be given to the permittee. The director may affirm, reverse, or modify the order of the representative. The decision of the director is final. (Ord. 24661)
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