§ 27-158. Qualification for operating authority.

(a)

To qualify for operating authority, 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 communicate in the English language; and

(4)

Not have been convicted or placed on probation or deferred adjudication for a crime:

a.

Involving:

1.

Criminal homicide as described in V.T.C.A. Penal Code, Chapter 19;

2.

Kidnapping as described in V.T.C.A. Penal Code, Chapter 20;

3.

A sexual offense as described in V.T.C.A Penal Code, Chapter 21;

4.

An assaultive offense as described in V.T.C.A Penal Code, Chapter 22, other than a Class C misdemeanor;

5.

Robbery as described in the V.T.C.A. Penal Code, Chapter 29;

6.

Burglary as described in V.T.C.A. Penal Code, Chapter 30;

7.

Theft as described in V.T.C.A. Penal Code, Chapter 31, but only if the violation is punishable as a felony;

8.

Fraud as described in V.T.C.A. Penal Code, Chapter 32;

9.

Tampering with a governmental record as described in V.T.C.A. Penal Code, Chapter 37;

10.

Public indecency (prostitution or obscenity) as described in V.T.C.A. Penal Code, Chapter 43;

11.

The transfer, carrying, or possession of a weapon in violation of V.T.C.A. Penal Code, Chapter 46, but only if the violation is punishable as a felony;

12.

A violation of V.T.C.A. Health and Safety Code, Chapter 483, Dangerous Drugs that is punishable as a felony;

13.

A violation of V.T.C.A. Health and Safety Code, Chapter 481 of the Controlled Substances Act that is punishable as a felony; or

14.

Criminal attempt to commit any of the offenses listed in subsection (4)(a)1.—13., [of this section].

(b)

For which:

1.

If the applicant was convicted for a misdemeanor offense, less than two (2) years have elapsed since the date of conviction or the date of release from confinement imposed for the conviction, whichever is the later date;

2.

If the applicant was placed on probation or deferred adjudication for a misdemeanor offense, less than two (2) years have elapsed since the date of successful completion of probation or deferred adjudication;

3.

If the applicant was convicted for a felony offense, less than five (5) years have elapsed since the date of conviction or the date of release from confinement for the conviction or the date of release from parole, whichever is the later date;

4.

If the applicant was placed on probation or deferred adjudication for a felony offense, less than five (5) years have elapsed since the date of successful completion of probation or deferred adjudication;

5.

Less than five (5) 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 twenty-four (24) month period, the applicant has two or more convictions of any misdemeanor offense or combination of misdemeanor offenses; or

6.

Less than five (5) years have elapsed since the date of the successful completion of probation or deferred adjudication for the last offense, whichever is the later date, if, within any twenty-four (24) month period, the applicant has been placed on probation or deferred adjudication two (2) or more times for any misdemeanor offense or combination of misdemeanor offenses.

(b)

An applicant who has been sentenced for an offense listed in subsection (a)(4), [above,] for which the required time period listed above has elapsed, may qualify for operating authority only if the director determines that the applicant is presently fit to provide a public transportation service and only if the offense or offenses the applicant was sentenced for was not a felony offense listed in subsection (a)(4)1.—6., [above]. 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.

(Ord. No. 2001-094, § 2, 2-20-01)