VEHICLE IMMOBILIZATION SERVICE PERMITS

Houston Code of Ordinances ch. 26, art. X, div. 2

in effect

Houston Code of Ordinances § 26-651 Vehicle immobilization service permit application.

Sec. 26-651. - Vehicle immobilization service permit application. (a) Any person who desires to operate a vehicle immobilization service in the city shall submit an application for a permit to the police official in a form promulgated by the police official for that purpose, which shall include the following: (1) The applicant's name, telephone number, mailing address, street address, federal employee identification number, corporate charter number, and Texas driver's license number (if applicable); (2) The name and mailing address of each principal of the applicant, copies of the assumed-name registration if the vehicle immobilization service will be operated under an assumed name, the partnership registration, if any, and the names and addresses of all general partners if the applicant is a partnership, and a certificate of good standing from the Texas Secretary of State for a Texas domestic corporation or certificate of authority to do business in Texas if a foreign corporation, along with the names and addresses of all officers and the corporation's registered agent; (3) The location of all parking facilities at which applicant intends to immobilize vehicles and a copy of the agreement with the parking facility operating company or general manager for vehicle immobilization at each location; (4) The indemnity and release form provisions that are specified in subsection (b) of this section; (5) Proof of insurance required by section 26-661 of this Code; (6) Criminal history information for every principal for whom information is provided in item (2) of this subsection as required by the police official to determine compliance with section 1-10 of this Code; and (7) Any other information reasonably required by the police official for the purpose of processing the application under the requirements of this article. (b) An application shall contain the following indemnity and release, which shall be a condition of each vehicle immobilization service permit: 'THE PERMITTEE AGREES TO AND SHALL DEFEND, INDEMNIFY, AND HOLD THE CITY ITS AGENTS, EMPLOYEES, OFFICERS, AND LEGAL REPRESENTATIVES (COLLECTIVELY, THE "CITY") HARMLESS FOR ALL CLAIMS, CAUSES OF ACTION, LIABILITIES, FINES, AND EXPENSES (INCLUDING, WITHOUT LIMITATION, ATTORNEYS' FEES, COURT COSTS, AND ALL OTHER DEFENSE COSTS AND INTEREST) FOR INJURY, DEATH, DAMAGE, OR LOSS TO PERSONS OR PROPERTY SUSTAINED IN CONNECTION WITH OR INCIDENTAL TO ANY PERFORMANCE UNDER THIS PERMIT, INCLUDING, WITHOUT LIMITATION, THOSE CAUSED BY: 1. THE PERMITTEE'S AND/OR ITS AGENTS', EMPLOYEES', OFFICERS', DIRECTORS', CONTRACTORS', OR SUBCONTRACTORS' (COLLECTIVELY IN LETTERED PARAGRAPHS 1—3, "PERMITTEE'S") ACTUAL OR ALLEGED NEGLIGENCE OR INTENTIONAL ACTS OR OMISSIONS; 2. THE CITY'S AND THE PERMITTEE'S ACTUAL OR ALLEGED CONCURRENT NEGLIGENCE, WHETHER THE PERMITTEE IS IMMUNE FROM LIABILITY OR NOT; AND 3. THE CITY'S AND THE PERMITTEE'S ACTUAL OR ALLEGED STRICT PRODUCTS LIABILITY OR STRICT STATUTORY LIABILITY, WHETHER THE PERMITTEE IS IMMUNE FROM LIABILITY OR NOT. THE PERMITTEE SHALL DEFEND, INDEMNIFY, AND HOLD THE CITY HARMLESS DURING THE TERM OF THE PERMIT AND FOR TWO YEARS AFTER THE PERMIT EXPIRES. THE PERMITTEE'S INDEMNIFICATION IS LIMITED TO $500,000.00 PER OCCURRENCE. THE PERMITTEE AGREES TO AND SHALL RELEASE THE CITY FROM ALL LIABILITY FOR INJURY, DEATH, DAMAGE, OR LOSS TO PERSONS OR PROPERTY SUSTAINED IN CONNECTION WITH OR INCIDENTAL TO PERFORMANCE UNDER THE PERMIT, EVEN IF THE INJURY, DEATH, DAMAGE, OR LOSS IS CAUSED BY THE CITY'S SOLE OR CONCURRENT NEGLIGENCE.' (c) The application shall be signed by an owner if the applicant is a sole proprietorship, an authorized officer if the applicant is a corporation, or a general partner if the applicant is a partnership, acknowledging that the person signing has read the application, agrees to all of its terms and provisions, affirms the correctness and accuracy of the information given on the application, and affirms that he has the authority to bind the applicant to all of the terms, provisions, and requirements of the application. (Ord. No. 08-847, § 2, 9-24-08; Ord. No. 09-1235, § 2, 12-2-09)

Houston Code of Ordinances § 26-652 Permit issuance; denial; fee.

Sec. 26-652. - Permit issuance; denial; fee. (a) An application that contains all of the information required by section 26-651 of this Code and is duly and properly signed shall be a complete application. A complete application shall be approved and the vehicle immobilization service permit issued upon payment of the fee specified by subsection (c) of this section unless: (1) The information provided in the application is materially false or incorrect or the applicant has failed in any material way to comply with this article; (2) The applicant or an entity owned or controlled by the applicant or any of the principals of the applicant has had a vehicle immobilization service permit revoked during the preceding one year period; (3) The police official determines that proof of insurance provided by the applicant does not meet the requirements of section 26-661 of this Code; (4) The parking official determines that there exist one or more unresolved parking citations, as defined in section 26-261 of this Code, for any vehicle owned by the applicant or any of its principals; (5) The vehicle immobilization service has any unpaid final judgment relating to booting from a justice court, pursuant to Section 2308 of the Texas Occupations Code; or (6) The applicant or any of its principals is not in compliance with the criminal history provisions of section 1-10 of this Code. (b) In the event that an application is denied, the police official shall promptly inform the applicant in writing of the reasons for the denial. The applicant, upon written request, shall be afforded an opportunity for a hearing regarding the denial before a hearing officer appointed by the chief of police. The appeal process shall be conducted in accordance with rules promulgated by the police official and approved by the police chief for that purpose. If the denial is based in whole or in part upon section 1-10 of this Code, then the notice and hearing procedures shall also include any requirements to comply with section 1-9 of this Code and applicable state laws. The determination of the hearing examiner with respect to the application shall be final. (c) The fees for an initial vehicle immobilization service permit and for annual renewal of a vehicle immobilization service permit are stated for this provision in the city fee schedule. No portion of the fee shall be refundable. Current fee information shall be maintained in the office of the police department's auto dealers detail. (Ord. No. 08-847, § 2, 9-24-08; Ord. No. 09-1235, § 16, 12-2-09; Ord. No. 2010-1016, § 2, 12-15-2010; Ord. No. 2011-1168, § 13, 12-14-2011)

Houston Code of Ordinances § 26-653 Vehicle immobilization service permit conditions.

Sec. 26-653. - Vehicle immobilization service permit conditions. Each vehicle immobilization service permit shall specify the following terms, which shall be the conditions under which the vehicle immobilization service permittee is authorized to conduct vehicle immobilization: (1) Name of the permitted vehicle immobilization operator; (2) That the permittee must comply with all applicable requirements of this article; and (3) Any other reasonable conditions specified by the police official at the time of issuance of the permit. (Ord. No. 08-847, § 2, 9-24-08)

Houston Code of Ordinances § 26-654 Term.

Sec. 26-654. - Term. A vehicle immobilization service permit shall be valid for one year from its date of issuance and shall not be transferrable. A permit may be renewed by filing an application pursuant to section 26-651 of this Code at least 30 days prior to the expiration of the permit. A renewal permit application shall be reviewed and approved pursuant to section 26-652 of this Code. (Ord. No. 08-847, § 2, 9-24-08)

Houston Code of Ordinances § 26-655 Revocation.

Sec. 26-655. - Revocation. (a) A vehicle immobilization service permit may be revoked without refund of any portion of the permit application or renewal fee if: (1) Any information supplied in the permit application was materially false or incorrect; (2) The permit was issued through error; (3) The permittee has failed to operate in compliance with the requirements for operating a vehicle immobilization service as set forth in section 26-662 of this Code and Chapter 2308 of the Texas Occupations Code; (4) The permittee has booted vehicles in parking facilities that are in violation of the signage requirements found in section 26-616 of this Code and applicable state law; (5) The permittee has failed to comply with any applicable provision of the permit or this article; (6) The permittee has failed to renew the permit in accordance with section 26-654 of this Code; (7) The permittee has failed to perform under the release and indemnity requirements of section 26-651 of this Code; (8) The permittee or any of its principals are not in compliance with the criminal history provisions of section 1-10 of this Code; or (9) The permittee fails to maintain insurance in compliance with section 26-661 of this Code. (b) The police official shall deliver notice of revocation to the permittee by personal delivery, or by certified mail, return receipt requested, or by United States Postal Service using signature confirmation service to the address of the permittee shown in the permit application. The notice shall set forth the alleged grounds for the revocation and the opportunity to request a hearing regarding the revocation. If the revocation is based in whole or in part upon section 1-10 of this Code, then the notice and hearing procedures shall also include any requirements to comply with section 1-9 of this Code and applicable state laws. (c) If the permittee wishes to request a hearing to contest the revocation, such request must be made in writing and provided to the police official within 20 days of the date of the police official's notice of revocation. Pending the hearing, the police official may suspend the vehicle immobilization service permit when the police official determines that continued operation of the vehicle immobilization service constitutes a hazard to public safety and welfare. At the hearing, the burden of demonstrating that a permit should be revoked shall be upon the city. The permittee may also present evidence and cross examine witnesses. The hearing shall be conducted by a hearing officer appointed by the police official, who shall revoke the permit if he determines by a preponderance of the evidence that grounds exist for revocation. The decision of the hearing officer to revoke a permit shall be made in writing and shall set forth the grounds therefor. The hearing officer's determination shall be final. (Ord. No. 08-847, § 2, 9-24-08; Ord. No. 09-1235, §§ 17—19, 12-2-09)

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_CH26PA_ARTXIMBOVE_DIV2VEIMSEPEFetched: 10/26/2026