(a) To qualify as a driver, a person must:
(1) Hold a valid driver's license or operator's license issued by any state of the United States, Washington D.C., or any territory of the United States;
(2) Not be under indictment, have charges pending, have been convicted, or have been placed on probation or deferred adjudication for the following offenses:
a. Criminal homicide as described in Tex. Penal Code Chapter 19;
b. Aggravated kidnapping as described in Tex. Penal Code § 20.04;
c. An offense involving trafficking of persons as described in Tex. Penal Code Chapter 20A;
d. Continuous sexual abuse of a young child or children as described in Tex. Penal Code § 21.02;
e. Indecency with a child as described in Tex. Penal Code § 21.11;
f. Improper relationship between educator and student as described in Tex. Penal Code § 21.12;
g. Sexual assault as described in Tex. Penal Code § 22.011;
h. Aggravated sexual assault as described in Tex. Penal Code § 22.021;
i. Sale or purchase of a child as described in Tex. Penal Code § 25.08;
j. Aggravated robbery as described in Tex. Penal Code § 29.03;
k. Sexual performance by a child as described in Tex. Penal Code § 43.25;
l. Employment harmful to children as described in Tex. Penal Code § 43.251;
m. Possession or promotion of child pornography as described in Tex. Penal Code § 43.26;
n. Electronic transmission of certain visual material depicting a minor as described in Tex. Penal Code § 43.261;
o. Intoxication manslaughter as described in Tex. Penal Code § 49.08;
p. Criminal attempt, solicitation, or conspiracy to commit any offense described in subsections (a)(2)a. through (a)(2)o.; and
q. An offense under the laws of another state, federal law or another country in which the elements of the offense under the laws of that state, federal law or country are substantially similar to the elements of an offense listed in subsections (a)(2)a. through (a)(2)p.;
(3) Except as provided by subsection (2), not be under indictment, have charges pending or within the previous seven years have been convicted of, released or discharged from probation, parole or deferred adjudication for any felony offense as defined by the laws of this state, another state, federal law or the law of another country;
(4) Except for an offense that is punishable by a fine only, not be under indictment, have charges pending or within the previous three years have been convicted of, released or discharged from probation, parole or deferred adjudication for any misdemeanor offense as defined by the laws of this state, another state, federal law or the laws of another country;
(5) Within the previous three years, not have been convicted of or placed on deferred adjudication or deferred disposition for an offense involving the operation of a motor vehicle at a speed exceeding 100 miles per hour;
(6) In any ten year period, not have been convicted of or placed on probation or deferred adjudication for three or more offenses in which the elements of the offense involve the operation of a motor vehicle, boat, or aircraft while intoxicated or under the influence of drugs or alcohol;
(7) Not be required to register as a sexual offender under the laws of this state, another state, federal law or the laws of another country; and
(8) Not have been convicted of, or placed on deferred adjudication or deferred disposition within the previous three years for more than three moving traffic violations arising out of separate transactions within any 12 month period.
(b) A driver shall not operate a vehicle for hire for the purpose of providing vehicle for hire services if the driver does not meet the driver qualifications in this section.
(c) A licensee shall not intentionally, knowingly or recklessly allow a person to operate a vehicle for hire to provide vehicle for hire services if the person does not meet the driver qualifications in this section.
(Ord. 22308-06-2016, § 1, passed 6-28-2016, eff. 10-1-2016)