PERMITTING OF TRANSPORTERS

Houston Code of Ordinances ch. 47, art. XI, div. 3

in effect

Houston Code of Ordinances § 47-431 Permit required.

Sec. 47-431. - Permit required. It shall be unlawful for any person to act as a transporter unless the person holds a current and valid transporter permit or temporary transporter permit or is acting as the agent or employee of a person who holds a current and valid transporter permit or temporary transporter permit. (Ord. No. 04-1089, § 3, 10-20-04)

Houston Code of Ordinances § 47-432 Types of waste covered.

Sec. 47-432. - Types of waste covered. Each transporter permit or temporary transporter permit shall specify the type or types of waste for which it is applicable. A transporter permit or temporary transporter permit is valid only for the classification or classifications of waste specified thereon. (Ord. No. 04-1089, § 3, 10-20-04)

Houston Code of Ordinances § 47-433 Application.

Sec. 47-433. - Application. The health officer shall promulgate forms for original and renewal transporter permit or temporary transporter permit applications, which shall request the following information: (1) Name, street address, mailing address and telephone number of the applicant. The "applicant" shall be deemed to include the proprietorship, each partner if a partnership and each officer, director or holder of ten percent or more of the outstanding shares if a corporation. (2) Name, street address and mailing address of the applicant's manager. (3) A photocopy of the driver's license of each person, including the applicant's transporter manager, who will be authorized to operate any of the applicant's vehicles for the transportation of wastes under the permit. (4) The nature and classification of any waste that originates within the city that the applicant intends to transport. (5) For each motor vehicle and motor vehicle trailer that the applicant desires to register under division 4 of this article, the following information: a. The make, model and year of manufacture. b. The current state vehicle license plate number. c. The vehicle identification number. d. The vehicle's waste hauling capacity certification. e. A photocopy of the vehicle's registration papers. (6) Whether the applicant or the applicant's manager or any vehicle driver has been convicted of any violation for which a transporter permit or temporary transporter permit is subject to denial, refusal to renew, or revocation under section 1-10 of this Code. (7) The address of the physical location where each vehicle will be parked or garaged when not in use, if different from the addresses identified in items (1) and (2). (8) Evidence of financial assurance for each vehicle and trailer not inconsistent with that described in Title 30 Texas Administrative Code Chapter 37, subchapter U. If the proof of financial assurances is in the form of an insurance policy, then the insurance policy must contain an endorsement requiring 30 days' advance written notice of cancellation to the health officer. (9) Texas Commission on Environmental Quality transportation registration number. (Ord. No. 04-1089, § 3, 10-20-04; Ord. No. 2011-194, § 2, 3-23-2011)

Houston Code of Ordinances § 47-434 Fee.

Sec. 47-434. - Fee. A nonrefundable permit application review fee shall be submitted with each original and renewal application for a transporter permit. A nonrefundable permit application fee shall be submitted with each original and renewal application for a temporary transporter permit. The fee shall be payable in such form as specified by the health officer on the application. There shall be no application review fee payable for the filing of an application for an amendment. (Ord. No. 04-1089, § 3, 10-20-04; Ord. No. 07-544, § 20, 5-9-07; Ord. No. 08-1229, § 11, 12-30-08)

Houston Code of Ordinances § 47-435 Review.

Sec. 47-435. - Review. (a) Unless a hearing is required under section 1-9 of this Code, the health officer shall either grant or deny the permit within five days following the receipt of a completed application for a temporary transporter permit or within 30 days following the receipt of a completed application for a transporter permit. If the transporter permit or temporary transporter permit is denied, written notice of the reasons shall be provided to applicant, and the applicant shall be afforded an opportunity for a hearing. The health officer shall grant the transporter permit or temporary transporter permit unless one or more of the following applies: (1) The applicant provided incomplete or inaccurate information in the application. (2) The applicant did not provide any required financial assurance or pay any required fee. (3) A transporter permit or temporary transporter permit held by the applicant is currently under suspension. (4) A transporter permit or temporary transporter permit held by the applicant has been revoked or refused for renewal for cause within one calendar year of the date of filing of an application form. (5) The applicant failed to submit any required information or documents regarding any vehicle to be registered under the permit. (6) The applicant failed to submit proof that it holds any required state registration, license or permit for the services to be provided. (b) If it appears that the applicant, the applicant's manager, or any vehicle driver has been convicted of any violation for which a transporter permit or temporary transporter permit is subject to denial, refusal to renew, or revocation under section 1-10 of this Code, then the permit application may also be denied on that grounds, provided that the applicant shall be given notice and an opportunity for a hearing under section 1-9 of this Code. (Ord. No. 04-1089, § 3, 10-20-04; Ord. No. 2011-194, § 3, 3-23-2011)

Houston Code of Ordinances § 47-436 Reserved.

Houston Code of Ordinances § 47-437 Term; renewal.

Sec. 47-437. - Term; renewal. A transporter permit shall expire on January 31 of the year following the calendar year during which it was issued. A temporary transporter permit shall expire on the date specified on the registration certificate. A transporter may not be issued more than three one-month permits during any permit year. (Ord. No. 04-1089, § 3, 10-20-04)

Houston Code of Ordinances § 47-438 Assignment or transfer prohibited.

Sec. 47-438. - Assignment or transfer prohibited. (a) A transporter permit or temporary transporter permit is personal to the holder to whom it is issued and is valid only for the transporter named on the permit. A transporter permit or temporary transporter permit may not be conveyed or assigned to another person. (b) Each transporter permit or temporary transporter permit shall specify the names of the transporter's manager and each vehicle driver authorized thereunder. The permit shall not authorize any person not designated as the transporter's manager thereon to act as the transporter's manager, nor shall it authorize any person not designated as a driver thereon to operate any vehicle for the transportation of waste under the permit. (Ord. No. 04-1089, § 3, 10-20-04; Ord. No. 07-544, § 21, 5-9-07)

Houston Code of Ordinances § 47-439 Amendment.

Sec. 47-439. - Amendment. (a) The holder of a transporter permit or temporary transporter permit shall have a continuing duty to apply for an amended permit within 15 days after the occurrence of an event that causes a change in any information for which a representation or response was made in its permit application. Failure to timely submit an application for an amendment shall cause the transporter permit or temporary transporter permit to become void. Applications for permit amendments shall be processed and amended permits shall be issued subject to the same criteria as original applications. (b) The 15-day period allowed in subsection (a) for the filing of an application for a permit amendment shall not apply to the addition of drivers or vehicles or to the changing of the transporter's manager. A person may not act as the transporter's manager or operate a vehicle for the transportation of waste under the transporter permit or temporary transporter permit unless and until so designated on such permit or an amendment thereto. Nor may a vehicle not designated on the transporter permit or temporary transporter permit be utilized under such permit unless and until so designated on such permit or an amendment thereto. (Ord. No. 04-1089, § 3, 10-20-04; Ord. No. 07-544, § 22, 5-9-07)

Houston Code of Ordinances § 47-440 Revocation or suspension.

Sec. 47-440. - Revocation or suspension. (a) The health officer may revoke or suspend a transporter permit or temporary transporter permit following written notice and an opportunity for a hearing, if one or more of the following apply: (1) The applicant provided incomplete or inaccurate information in the application; (2) The permit was issued in error; (3) The transporter or the transporter's manager or any of the transporter's drivers has been convicted of any offense or offenses that constitute grounds for denial, refusal to renew or revocation under section 1-10 of this Code; (4) The transporter has failed to timely pay a bill for disposal or clean-up services rendered by or for the city under this article or a claim against the transporter's financial assurance has been dishonored; (5) The transporter or the transporter's manager or any of the transporter's drivers has committed any violation of this article or of any city, state or federal law or regulation that applies to the rendition of services hereunder; (6) The transporter has failed to maintain evidence of financial responsibility required hereunder and provide the required proof to the health officer; or (7) The transporter or its manager or any of its drivers has failed to timely, completely and accurately provide any notice, report or other document that is required to be filed with the city under this article. (b) The health officer shall consider the seriousness of the matter involved, whether the violation was intentional, whether effective measures have been taken to prevent recurrence of the violation and the likelihood of repeated violations of this article or any solid waste, hazardous waste, or water quality law by the transporter, the transporter's manager and/or the transporter's drivers when deciding whether to suspend or revoke a transporter permit or temporary transporter permit; however, revocation shall be mandatory and continue until the end of the permit term whenever the transporter permit or temporary transporter permit has already been suspended once during the transporter permit or temporary transporter permit term. (c) Within seven days following the effective date of any revocation of a transporter permit or temporary transporter permit as authorized under this section, the transporter shall surrender all of its manifests and registration forms to the health officer. A holder of a transporter permit shall also produce its registered vehicles at a location designated by the health officer and allow the health officer to remove the registration decals, and a holder of a temporary transporter permit shall surrender all registration certificates to the health officer. Additionally, the transporter shall provide the health officer with an accounting of all manifests in its possession. (Ord. No. 04-1089, § 3, 10-20-04; Ord. No. 08-1229, § 13, 12-30-08; Ord. No. 2011-194, § 5, 3-23-2011)

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_CH47WASE_ARTXITRTRCEWA_DIV3PETRFetched: 10/26/2026