REGISTRATIONS, PERMITS AND RECORDS

Houston Code of Ordinances ch. 39, art. VIII, div. 2

in effect

Houston Code of Ordinances § 39-171 Annual registration required.

Sec. 39-171. - Annual registration required. It shall be unlawful for any person to own or operate a tire facility where tires will be stored without having a registration issued annually by the chief solid waste officer. (Ord. No. 2026-0516, Exh. C, 6-10-2026)

Houston Code of Ordinances § 39-172 Annual permit required.

Sec. 39-172. - Annual permit required. It shall be unlawful for any person to transport tires upon any public street within the city unless such person is acting pursuant to a permit issued annually by the chief solid waste officer. It is an affirmative defense to prosecution under this section that the cargo transported by such person: (1) Contains five or fewer tires; or (2) Contains five percent or less tires by volume and is part of a general cargo of "municipal solid waste" as that term is defined by Chapter 361 of the Texas Health and Safety Code; or (3) Originated outside of the city and is destined for transport outside of the city, provided that no tires are loaded or unloaded within the city. (Ord. No. 2026-0516, Exh. C, 6-10-2026)

Houston Code of Ordinances § 39-173 Tire generators; disposal of tires; records.

Sec. 39-173. - Tire generators; disposal of tires; records. It shall be unlawful for any tire generator to cause or allow any tire to be transported upon any public street other than by a permittee. Each tire generator shall maintain daily records of the numbers of tires generated at each premises under his control and his disposition. A receipt showing the number of tires, the names of the tire generator and permittee and the permit number of the permittee shall be obtained by a permittee for each consignment of tires. Each receipt shall be issued at least in duplicate and signed by both parties with one copy thereof to be retained by the tire generator and one copy to be retained by the permittee. Tire generators who are also permittees shall maintain internal trip tickets in lieu of receipts for tires that they transport. For purposes of this article, TCEQ form 10304, entitled "Whole Used or Scrap Tire Manifest," or any successor form, is a sufficient receipt. (Ord. No. 2026-0516, Exh. C, 6-10-2026)

Houston Code of Ordinances § 39-174 Registrants and permittees; disposal of tires; records.

Sec. 39-174. - Registrants and permittees; disposal of tires; records. It shall be unlawful for any registrant or permittee to dispose of any tire transported by the registrant or permittee other than by the delivery of the tire to a tire disposer. Each registrant and permittee shall maintain daily records of the number of tires received and delivered. Each registrant and permittee shall obtain a receipt showing the number of tires, the names of the registrant, permittee and tire disposer and the registration or permit number of the registrant and permittee for all tires delivered. Each receipt shall be issued at least in duplicate and signed by both parties with one copy to be retained by the tire disposer and one copy to be retained by the registrant and permittee. Tire disposers who are also registrants or permittees shall maintain internal trip tickets in lieu of the receipts for tires that they transport. Permittees shall maintain records of the name and residence address of each driver (including the permittee if the permitee intends to act as a driver under the permit) who will be authorized to drive the permittee's trucks, and their respective driver's license numbers. (Ord. No. 2026-0516, Exh. C, 6-10-2026)

Houston Code of Ordinances § 39-175 Inspection of records.

Sec. 39-175. - Inspection of records. The records required by this article shall be retained for three years from their creation. Registrants and permittees shall maintain the records at the address designated in their applications. All records shall be made available during regular business hours for inspection, audit, or copying by the chief solid waste officer, police department, and the city attorney or the city attorney's designee as often as may be necessary to ensure compliance with this article. (Ord. No. 2026-0516, Exh. C, 6-10-2026)

Houston Code of Ordinances § 39-176 Applications for registration; permit.

Sec. 39-176. - Applications for registration; permit. (a) Each person desiring to own or operate a tire facility shall apply for a registration in a form acceptable to the chief solid waste officer, which shall include at a minimum all of the following: (1) The person's name; (2) The person's business address, including a facsimile number or email address; (3) The physical address within the county at which the records required in this article will be maintained; (4) The person's principal business or occupation; and (5) The person's state registration number, if applicable. (b) Each person desiring a tire transporter's permit shall apply in a form acceptable to the chief solid waste officer, which shall include at a minimum all of the following: (1) The person's name; (2) The person's business address, including a facsimile number or email address; (3) The physical address within the county at which the records required in this article will be maintained; (4) The person's principal business or occupation; (5) A description of each truck that the applicant will use for the transport of tires including the manufacturer, gross weight, license number, color, vehicle identification number, year of manufacture and its registered owner; and (6) A statement that the applicant has not had a permit revoked under this article within the immediately preceding period of three years. (c) Each application shall be accompanied by an application fee and a fee for each truck described in an application under this section. (Ord. No. 2026-0516, Exh. C, 6-10-2026)

Houston Code of Ordinances § 39-177 Issuance, duration and amendment.

Sec. 39-177. - Issuance, duration and amendment. (a) The chief solid waste officer shall issue a permit to the applicant designating the trucks authorized pursuant thereto unless the chief solid waste officer has a reasonable basis to believe that: (1) Any statement on the application was incomplete or false; (2) The applicant has committed any offense involving the unlawful disposal, storage, or theft of tires within the immediately preceding period of three years; or (3) The applicant has had a permit revoked under this article in the immediately preceding period of three years. (b) In addition to the permit itself, the chief solid waste officer shall issue one or more identification plates, stickers or decals to be attached by the permittee in such places and manner as the chief solid waste officer may administratively direct to each truck covered thereby. Failure to properly display a required plate, sticker or decal shall be a violation of this article. (c) Permits and registrations issued under this article shall be valid for one year from the date of issuance unless sooner revoked. (Ord. No. 2026-0516, Exh. C, 6-10-2026)

Houston Code of Ordinances § 39-178 Transfer of permit or registration prohibited; reporting.

Sec. 39-178. - Transfer of permit or registration prohibited; reporting. (a) Permits, registrations, stickers or decals issued under this article are personal to the applicant and may not be transferred, leased, assigned, given away or sold in any manner or under any circumstances. (b) It shall be the duty of each registrant and permittee to advise the chief solid waste officer in writing within ten business days of any change to any item for which a representation or response was made in its application for registration or permit. (Ord. No. 2026-0516, Exh. C, 6-10-2026)

Houston Code of Ordinances § 39-179 Authorized trucks.

Sec. 39-179. - Authorized trucks. It shall be unlawful for a permittee to allow any truck to be used for the transport of tires except those trucks designated in his permit. The permittee shall ensure that, at all times, each truck bears the identification plates, stickers or decals issued by the chief solid waste officer. (Ord. No. 2026-0516, Exh. C, 6-10-2026)

Houston Code of Ordinances § 39-180 Basis for revocation of registration or permit.

Sec. 39-180. - Basis for revocation of registration or permit. Any registration or permit issued under this article may be revoked in accordance with these procedures if the chief solid waste officer determines there is a reasonable basis to believe that: (1) The registrant or permittee has violated any of the provisions of this article; (2) The registrant or permittee violates any state or municipal law or ordinance involving the unlawful disposal, storage or theft of tires; (3) The registrant or permittee violates any provision of Chapter 37 of the Texas Penal Code relating to the records required to be kept under this article; (4) Any truck bearing a decal or sticker issued pursuant to this article is used for the commission of any violation of any state or municipal law or ordinance involving the unlawful disposal, storage or theft of tires; or (5) Any statement made in the application for the permit or registration or any amendment thereto was known to be false. (Ord. No. 2026-0516, Exh. C, 6-10-2026)

Houston Code of Ordinances § 39-181 Investigation; notice.

Sec. 39-181. - Investigation; notice. The chief solid waste officer, in consultation with the police department, shall investigate the facts underlying an allegation that there is a reasonable basis for revocation of a registration or permit. If the chief solid waste officer determines that there is a reasonable basis for revocation of a registration or permit, the chief solid waste officer shall give written notice to the registrant or permittee by personal service, by facsimile, or by certified mail, return receipt requested, which notice shall include, at a minimum: (1) The specific grounds upon which the registration or permit may be revoked; (2) That there will be a hearing before the chief solid waste officer in which the city will seek to revoke the registration or permit; (3) The date, time and place of the hearing; and (4) That the permittee or registrant may appear in person and may be represented by an attorney. (Ord. No. 2026-0516, Exh. C, 6-10-2026)

Houston Code of Ordinances § 39-182 Revocation hearing.

Sec. 39-182. - Revocation hearing. (a) All hearings shall be held by the chief solid waste officer or a designated representative. Such officer shall be referred to as the "hearing officer." (b) All hearings shall be conducted under rules consistent with the nature of the proceedings, and the registrant or permittee shall have the burden of proof; provided, however, that the following rules shall apply to such hearings: (1) Each party shall have the right to representation by a licensed attorney, though an attorney is not required. (2) Each party may present witnesses in its own behalf. (3) Each party has the right to cross-examine all witnesses. (4) The hearing officer shall consider only the evidence presented at the hearing in rendering an order. (Ord. No. 2026-0516, Exh. C, 6-10-2026)

Houston Code of Ordinances § 39-183 Failure to appear at revocation hearing.

Sec. 39-183. - Failure to appear at revocation hearing. If the registrant or permittee fails to appear at the hearing at the date and time specified, the hearing officer may enter an order revoking the registration or permit. (Ord. No. 2026-0516, Exh. C, 6-10-2026)

Houston Code of Ordinances § 39-184 Findings of hearing officer after revocation hearing.

Sec. 39-184. - Findings of hearing officer after revocation hearing. After completion of the presentation of evidence by all parties appearing, the hearing officer shall determine whether there is a reasonable basis to revoke the registration or permit. If there is a reasonable basis the hearing officer shall make written findings that specify the facts upon which the determination was based, and shall render a written order to revoke the registration or permit; provided, the hearing officer may exercise discretion to take other lesser actions such as a temporary suspension or revision of a registration or permit. A copy of the hearing officer's order shall be personally delivered, sent by facsimile or mailed by certified mail, return receipt requested, to the registrant or permittee. (Ord. No. 2026-0516, Exh. C, 6-10-2026)

Houston Code of Ordinances § 39-185 No refund of fee after revocation.

Sec. 39-185. - No refund of fee after revocation. In the event any registration or permit is revoked, suspended or revised by the hearing officer, the city shall not be liable to any person for any refund of any part of the registration or permit fee. (Ord. No. 2026-0516, Exh. C, 6-10-2026)

Houston Code of Ordinances § 39-186 Surrender of permit, plates, decals upon revocation or suspension.

Sec. 39-186. - Surrender of permit, plates, decals upon revocation or suspension. It shall be the duty of each person whose registration or permit has been revoked or suspended to return the permit to the chief solid waste officer, as well as any identification plates, stickers or decals issued therewith. Ord. No. 2026-0516, Exh. C, 6-10-2026)

Source: City of Houston, Code of Ordinances and City Charter (Municode Library, library.municode.com)URL: https://library.municode.com/tx/houston/codes/code_of_ordinances?nodeId=COOR_CH39SOWALICO_ARTVIIISTTRDITI_DIV2REPEREFetched: 10/26/2026