CHAPTER 114: TAXICABS

Section
General Provisions
114.01 Definition
114.02 Records required
114.03 Examination of records
114.04 Vehicles; identification
114.05 Vehicle inspection

Operating Regulations
114.15 Parking or standing restricted
114.16 Solicitations
114.17 Transport for illegal purposes

Permits
114.30 Permit required
114.31 Permit application
114.32 Investigation and hearing
114.33 Priority in issuance
114.34 Form
114.35 County residency required
114.36 Fees
114.37 Insurance
114.38 Additional vehicles
114.39 Assignment
114.40 Driver’s permit
114.41 Grounds for forfeiture
Statutory reference:
Injuries resulting in death, see Tex. Civ. Prac. & Rem. Code, §§ 71.001 et seq.
License to drive taxicab, see Tex. Trans. Code, §§ 521.022 and 521.024
Municipal regulation of taxicabs, see Tex. Loc. Gov’t Code, §§ 215.029 and 215.030

GENERAL PROVISIONS

§ 114.01 DEFINITION.
For the purpose of this chapter, the following definition shall apply unless the context clearly indicates
or requires a different meaning.

TAXICAB. Any automobile carrying passengers for hire, excepting motor buses or motor coaches
operated by bus lines over designated routes in and through the city.
(Prior Code, § 20-1) (Ord. 13-135, passed - - ; Am. Ord. 17-58, passed - - )

§ 114.02 RECORDS REQUIRED.
Each operator of a taxicab business shall install and maintain at all times, within the city, in current condition, complete books and records in accordance with standard account practices.
(Prior Code, § 20-2) (Ord. 13-135, passed - - ; Am. Ord. 17-58, passed - - )

§ 114.03 EXAMINATION OF RECORDS.
The city shall have the right, at all reasonable times, and as often as desired, acting through the Council or designated officers, attorneys, representatives, and agents, to inspect, review, audit, and examine all the books, records, income tax returns, and invoices of any franchise holder under this chapter, and to do any things necessary or proper to ascertain the gross receipts of that person during any particular period, and for any proper purpose in connection with the exercise by the Council of its governmental powers and functions concerning that taxicab business.
(Prior Code, § 20-3) (Ord. 13-135, passed - - ; Am. Ord. 17-58, passed - - )

§ 114.04 VEHICLES; IDENTIFICATION.
Every holder of a franchise granted under the terms of this chapter shall have and keep, in a color
contrasting with the color of the vehicle, on each side of each vehicle used as a taxicab, the words: “Taxi, Franchise No.___,” filling in the blank with the letters and figures denoting the serial number of his or her franchise, which shall not be less than five inches high.
(Prior Code, § 20-4) (Ord. 13-135, passed - - ; Am. Ord. 17-58, passed - - ) Penalty, see § 10.99

§ 114.05 VEHICLE INSPECTION.
Every holder of a franchise to conduct a taxicab business in the city shall have every taxicab used in his or her business inspected once each month, and shall file with the City Secretary, on or before the tenth day of each month, a statement in writing signed by a competent resident mechanic showing that he or she has inspected the vehicle, the date of the inspection, the license number of the vehicle or vehicles, the name of the person holding the franchise and the serial number of that franchise, and that the lights, brakes, and steering apparatus of all the vehicles so inspected by him or her are in good mechanical condition. The City Council may, at its discretion, designate a resident mechanic to perform the aforementioned inspection, in which case the person holding the franchise will be required to use that designated mechanic.
(Prior Code, § 20-5) (Ord. 13-135, passed - - ; Am. Ord. 17-58, passed - - )

OPERATING REGULATIONS

§ 114.15 PARKING OR STANDING RESTRICTED.
It shall be unlawful for the holder of any franchise issued under the terms of this chapter, or the agent, servant, or employee of that person, to park or leave standing any taxicab on the streets of the city, except while loading or unloading passengers into or from the taxicab.
(Prior Code, § 20-6) (Ord. 13-135, passed - - ; Am. Ord. 17-58, passed - - ) Penalty, see § 10.99

§ 114.16 SOLICITATIONS.
It shall be unlawful for any driver of any taxicab to drive or cruise about on the streets of the city seeking passengers who have not theretofore ordered or called for a taxicab.
(Prior Code, § 20-7) (Ord. 13-135, passed - - ; Am. Ord. 17-58, passed - - ) Penalty, see § 10.99

§ 114.17 TRANSPORT FOR ILLEGAL PURPOSES.
It shall be unlawful for the driver of a taxicab to transport, or offer to transport, or aid or assist in
transporting, directly or indirectly, any person in, on, over, or through the streets, alleys, or public ways
of the city by means of a taxicab for the purpose of lewdness, assignation, or prostitution, or for any other unlawful or immoral purpose.
(Prior Code, § 20-8) (Ord. 13-135, passed - - ; Am. Ord. 17-58, passed - - ) Penalty, see § 10.99
Statutory reference:
Promotion of prostitution, see Tex. Penal Code, § 43.03

PERMITS

§ 114.30 PERMIT REQUIRED.
It shall be unlawful for any person, directly or indirectly, to engage in the taxicab business in the city without a lawful franchise as provided in this subchapter.
(Prior Code, § 20-21) Penalty, see § 10.99

§ 114.31 PERMIT APPLICATION.
(A) Before any person shall conduct a taxicab business in the city, he or she shall file with the City
Secretary an application to the City Council for a franchise to conduct that business.

(B) The application shall state the following:

(1) The applicant’s name, place of residence, length of residence, customary occupation, the character and value of his or her assets, and whether any other person owns any title or interest in any automobile to be used by the applicant in the conduct of the taxicab business for which the franchise is requested;

(2) The name, usual trade description, equipment, motor number, state license number, rated horsepower, and factory number of the automobile or automobiles to be used in the business, and the year in which each automobile was manufactured;

(3) The stand or stands at which taxicabs will remain when not in actual service;

(4) The rated seating capacity of each taxicab to be used by the applicant;

(5) The person who will be in active charge and control of the taxicab business;

(6) The amount of all fares proposed to be charged the public in the event the franchise is granted; and

(7) If the applicant is a corporation, the name and place of residence of all of the officers of that corporation, the person who will be in active charge and control of the taxicab business, the amount of its capital stock and the amounts thereof fully paid up, and the character and value of its assets, its liabilities, and the security therefor; and the corporation shall file with its application a duly certified copy of its charter and bylaws and, if it is a foreign corporation, a duly certified copy of its permit to do business in the state.
(Prior Code, § 20-22)

§ 114.32 INVESTIGATION AND HEARING.
(A) When an application for a franchise to operate a taxicab business is filed with the City Secretary,
it shall be his or her duty to call the attention of the City Council thereto at the next meeting of the Council, and the Council shall make or cause to be made investigations, including any hearings deemed desirable, as to whether or not the public convenience and necessity require the issuance of the franchise and whether or not the applicant is fit to conduct that business. The Council may investigate the fitness of the officers and stockholders of the corporation making the application and, in determining whether or not a permit should be issued, the City Council shall give weight and due regard to, among other things:

(1) Probable permanence and quality of the service offered by the applicant;

(2) The financial responsibility of the applicant;

(3) The experience of the applicant in the transportation of passengers;

(4) The character and location of depots and terminals proposed to used;

(5) The character and number of taxicabs to be used;

(6) The familiarity of the person to be in active charge and control of the taxicab business with the streets, driving hazards, and traffic regulations of the city; and

(7) Whether public necessity or convenience requires additional taxicab service.

(B) Upon consideration of the application, the City Council may grant or refuse to grant the franchise, as in its discretion may seem to be the best interest of the citizenship of the city and the public in general. No franchise to operate a taxicab or taxicab business shall be granted hereunder, unless, in the judgment and discretion of the City Council, the public convenience and necessity require that same be granted.
(Prior Code, § 20-23)

§ 114.33 PRIORITY IN ISSUANCE.
In the event that there are more applicants for franchises shall be issued, first, to those persons presently engaged in the taxicab business in the city, provided those persons meet the requirements herein set forth.
(Prior Code, § 20-24)

§ 114.34 FORM.
(A) Each franchise for the conduct of a taxicab business in the city shall be issued and signed by the
Mayor and attested by the City Secretary; it shall be dated on the date of its issuance and shall bear a serial number; shall show the name and address of the person and that the person has been authorized by the City Council to conduct a taxicab business in the city until the expiration date shown thereon; and that the franchise is subject to cancellation at any time by the City Council. The franchise shall be countersigned by the person receiving a franchise and shall evidence the agreement on the part of that person to pay the sums of money herein mentioned, and to in all things comply with all applicable laws and regulations regarding the business for which the permit is issued.

(B) Each franchise shall show the number of vehicles to be operated thereunder and a description of each vehicle.

(C) Each franchise shall show the maximum amount that may be charged the public for the use of each taxicab.
(Prior Code, § 20-25)

§ 114.35 COUNTY RESIDENCY REQUIRED.
If the applicant for any franchise under this subchapter is an individual, before any franchise is granted
to him or her to operate a taxicab business, it shall be made to appear that the individual is a bona fide
resident of the county, and has been a resident for a period of at least six months preceding the date of the application, and is thoroughly familiar with the streets, driving hazards, and traffic regulations of the city. If the applicant for a franchise is a partnership or a corporation, before any franchise is granted, it must be made to appear that the person or persons who will be in active charge and control of the affairs of the partnership or corporation is a bona fide resident of the county and has been a resident for a period of at least six months preceding the day of filing the application, and is thoroughly familiar with the streets, driving hazards, and traffic regulations of the city.
(Prior Code, § 20-26)

§ 114.36 FEES.
(A) Each operator of a taxicab business holding a franchise under this subchapter shall pay to the city
an amount equal to 3% of the gross receipts of each taxicab operated under that franchise, these payments to be made as hereinafter provided. This sum shall compensate the city for its superintendence of the taxicab business operated hereunder, and for the use of the streets, alleys, and public ways of the city.

(B) At the time of issuance of a franchise, the person receiving same shall pay to the city the sum of $50 per car and, in making subsequent monthly payments, as herein provided, the person shall be allowed
a credit for the sum so paid at the time of issuance of the franchise.

(C) Each operator of a taxicab business holding a permit shall make and file a statement with the City
Secretary on the tenth day of each month stating under oath the gross receipts received during the previous month from the operation of each taxicab, and this statement shall be accompanied by a check in an amount equivalent to 3% of the gross receipts, except that, as stated above, credit shall be allowed for the lump sum payment made at the time of granting the franchise.
(Prior Code, § 20-27)

§ 114.37 INSURANCE.
Every holder of a permit to conduct a taxicab business in the city shall, at all times during the life of that franchise, keep every vehicle operated by him or her under his or her franchise insured in a company
authorized to do business in this state, indemnifying the person in the sum of $100,000 for each person and $300,000 for each accident, for personal injury, death, or property damage resulting from any accident, through and by reason of the operation of that taxicab; and these policies or certificates of insurance shall be approved by the City Attorney and filed with the City Secretary. These policies of insurance shall not be cancelled or surrendered, except after ten days’ written notice to the City Secretary. Failure of this person to procure and file the policy or policies of insurance as required by this section, or failure to keep same in full force, shall immediately forfeit and make null and void that franchise, and all rights thereunder shall at once cease.
(Prior Code, § 20-28)

§ 114.38 ADDITIONAL VEHICLES.
If at any time the holder of a taxicab permit shall desire to use any additional vehicles and has his or her application for that franchise granted, he or she shall furnish to the City Secretary the same information
regarding the additional vehicles as is required in this chapter regarding those covered by the original
franchise and shall pay to the City Secretary the fee as herein provided.
(Prior Code, § 20-29)

§ 114.39 ASSIGNMENT.
No franchise issued under the provisions of this chapter shall be assignable.
(Prior Code, § 20-30) Penalty, see § 10.99

§ 114.40 DRIVER’S PERMIT.
(A) It shall be unlawful for any holder of a franchise to operate a taxicab business under this subchapter to permit any person who does not hold a valid taxicab driver’s permit from the city to drive or operate any taxicab on the streets or other public ways of the city.

(B) It shall be unlawful for any person to drive or operate a taxicab within the city without first having
applied for and obtained a taxicab driver’s permit from the city, which permit may be issued by the city
under those reasonable regulations as may be from time to time made by the City Council.
(Prior Code, § 20-31) Penalty, see § 10.99

§ 114.41 GROUNDS FOR FORFEITURE.
(A) Forfeiture for violations. In the event of infraction of any provision of this chapter by the holder
of any franchise hereunder, or by any person under the control or direction of a franchise holder, the same shall be cause for forfeiture of that permit by the City Council.
(Prior Code, § 20-32)

(B) Forfeiture for non-use. Non-use of any franchise granted under this subchapter or failure on the
part of the holder of any franchise hereunder to use or exercise the rights, privileges, and franchises granted in that franchise, or to comply with the conditions or duties prescribed herein for a period of 30 days, shall ipso facto operate as a cancellation of the franchise, and that franchise shall thereupon become null and void.
(Prior Code, § 20-33)

(C) Forfeiture for excessive fares. The fare to be charged for the transportation of passengers shall
be reasonable and subject to regulation by the City Council. In the event the holder of any franchise to
operate a taxicab business under this subchapter, or any taxicab driver, shall charge any member of the
public a sum of money, for the use of taxicab, in excess of that stipulated in the franchise under which the taxicab is operated, same shall be cause for cancellation by the City Council of that permit.
(Prior Code, § 20-34)
Penalty, see § 10.99