Application; Administration.

Austin City Code tit. 13, ch. 13-2, art. 2, div. 1, subpt. A

in effect

Austin City Code § 13-2-161 OPERATING AUTHORITY APPLICATION REQUIRED.

§ 13-2-161 - OPERATING AUTHORITY APPLICATION REQUIRED. (A) To obtain operating authority for a ground transportation service, a person must make written application to the department on a form prescribed by the department. The application must be sworn or affirmed. (B) The application must include: (1) The name, address, telephone number, and Texas driver's license number, if any, of the applicant and each officer, director, partner, and any other person who will participate in the business decisions of or who has the authority to enter contracts on behalf of the ground transportation service. (2) Certified copies of any documents required by state law to be filed for the business entity to legally exist, and a statement from the Texas Secretary of State certifying that the business is in good standing if state law requires the entity to file documents with the Texas Secretary of State. (3) For each person described in Subsection (B)(1), a description of all criminal convictions, and a criminal history certified by the Texas Department of Public Safety within the 30 days preceding the date the application is submitted. (4) If a person described in Subsection (B)(1) has been a resident of Texas for less than three years preceding the date of the application, the criminal history must be certified by the corresponding governmental authority in the former state of residence within 30 days preceding the submission of the application. (5) The number, type, and description of each vehicle to be used in the proposed service, including for each vehicle the year, make, model, vehicle identification number, manufacturer's rated seating capacity, state license plate number, and the body style. (6) A description of the applicant's ground transportation service experience. (7) A detailed description of the proposed service. (8) The proposed rate of fare. (9) Proof of insurance coverage required under this chapter. (10) An affidavit that there are no outstanding judgments that arise out of circumstances related to ground transportation service against a person described in Subsection (B)(1). (11) Additional information required on the application form prescribed by the department. (C) A person may apply for multiple operating authorities on a single application form, provided that the application: (1) describes each service applied for; and (2) complies with this chapter. Source: 1992 Code Section 8-13-161; Ord. 031106-13; Ord. 031211-11.

Austin City Code § 13-2-162 APPLICATION FEE REQUIRED.

§ 13-2-162 - APPLICATION FEE REQUIRED. (A) An application for an operating authority must be accompanied by an application fee. (B) A person who applies for multiple operating authorities on one application shall pay only one application fee. Source: 1992 Code Section 8-13-162; Ord. 031106-13; Ord. 031211-11.

Austin City Code § 13-2-163 STANDARDS FOR ISSUING AND DENYING OPERATING AUTHORITY.

§ 13-2-163 - STANDARDS FOR ISSUING AND DENYING OPERATING AUTHORITY. In a decision to approve or deny an initial or renewal application for operating authority, the department shall consider whether: (1) all applicable requirements of this chapter have been met; (2) a previous operating authority of the applicant has been revoked; (3) the applicant advertised, offered, or provided ground transportation service before the application was approved in violation of Section 13-2-3 (Operating Authority Required); and (4) the criminal history of the applicant, if any, may adversely affect the applicant's ability to provide the ground transportation service. Source: 1992 Code Section 8-13-163; Ord. 031106-13; Ord. 031211-11; Ord. No. 20220303-023, Pt. 12, 3-14-22.

Austin City Code § 13-2-164 APPEAL OF APPLICATION DENIALS.

§ 13-2-164 - APPEAL OF APPLICATION DENIALS. (A) The department shall notify an applicant in writing of the denial of an application and the reason for the denial. The notice must include a statement of the applicant's right to appeal. (B) An applicant may appeal a denial of the application to the director. The appeal must be made in writing no later than the 30th business days after the notice of denial is mailed to the applicant. (C) The director shall issue a decision on the appeal not later than the 30th day after receipt of the written appeal. Source: 1992 Code Section 8-13-164; Ord. 031106-13; Ord. 031211-11.

Austin City Code § 13-2-165 CONTENTS OF OPERATING AUTHORITY.

§ 13-2-165 - CONTENTS OF OPERATING AUTHORITY. An operating authority must state the type of service for which it is issued. It must also contain the following conditions and limitations: (1) number and type of authorized vehicles; (2) maximum number of passengers that may be transported in each vehicle; (3) that the holder will own, lease, or contract for control of every ground transportation service vehicle used in providing the ground transportation service; and (4) any other conditions or limitations considered necessary by the department. Source: 1992 Code Section 8-13-165; Ord. 031106-13; Ord. 031211-11.

Austin City Code § 13-2-166 OPERATING AUTHORITY PERMIT.

§ 13-2-166 - OPERATING AUTHORITY PERMIT. (A) On the issuance of an operating authority, the department shall provide an operating authority permit to the holder for each vehicle approved in the operating authority. (B) An operating authority permit may not be granted for: (1) a roadway that is closed to traffic, including construction zones, temporary street closures, or safety street closures, unless written approval from the entity authorized to close the roadway to traffic is provided to the department; (2) a roadway or facility within the jurisdiction of the State of Texas, including but not limited to the University of Texas campus; the Capitol Complex, bounded by Lavaca Street, Martin Luther King, Jr. Boulevard, Trinity Street and 10th Street; or (3) a privately owned roadway or facility. (C) A holder may not operate a vehicle that displays an expired permit. Source: 1992 Code Section 8-13-166; Ord. 031106-13; Ord. 031211-11; Ord. 20120412-021; Ord. No. 20220303-023, Pt. 13, 3-14-22.

Austin City Code § 13-2-167 AMENDMENT TO OPERATING AUTHORITY.

§ 13-2-167 - AMENDMENT TO OPERATING AUTHORITY. (A) To amend an operating authority, a holder must submit a written request to the department describing in detail the proposed amendment. (B) The department may approve or deny an amendment to a holder's operating authority. If the department approves an amendment, the department shall issue an amended operating authority. Source: 1992 Code Section 8-13-167; Ord. 031106-13; Ord. 031211-11.

Austin City Code § 13-2-168 RENEWAL OF OPERATING AUTHORITY.

§ 13-2-168 - RENEWAL OF OPERATING AUTHORITY. (A) An operating authority issued under this article expires one year after the date of issuance. (B) To renew an operating authority, a holder must submit a written request for renewal not later than the 60th day preceding the expiration of the operating authority. The request must include any change in information from the initial application, and affirm that all of the information on file remains current. (C) In addition to the standards prescribed by Section 13-2-163 (Standards for Issuing and Denying Operating Authority), in determining whether to renew an operating authority, the department shall also consider whether: (1) the holder has performed satisfactorily under the terms of the operating authority; (2) the holder has complied with this chapter; (3) the operating authority has not been revoked for any period; and (4) renewal serves the best interest of the public. (D) The department shall deny a request for renewal of operating authority that is received by the department after the deadline stated in Subsection (B). Source: 1992 Code Section 8-13-168; Ord. 031106-13; Ord. 031211-11.

Austin City Code § 13-2-170 AUTOMATIC REVOCATION OR SUSPENSION OF OPERATING AUTHORITY.

§ 13-2-170 - AUTOMATIC REVOCATION OR SUSPENSION OF OPERATING AUTHORITY. (A) An operating authority is automatically revoked on the occurrence of the following: (1) the holder of the operating authority is convicted of an offense under Section 13-2-76 (Sale of Alcoholic Beverages, Controlled Substances Prohibited) or 13-2-77 (Criminal Conduct Prohibited); or (2) the holder of the operating authority violates Section 13-2-174 (Transfer Prohibited). (B) An operating authority is automatically suspended if the insurance coverage required by Section 13-2-34 (Insurance Required) lapses. Before the operating authority is eligible for reinstatement, the holder must provide proof that the requirements of Sections 13-2-34 (Insurance Required) and 13-2-35 (Impaired Insurance) have been met. Source: 1992 Code Section 8-13-170; Ord. 031106-13; Ord. 031211-11.

Austin City Code § 13-2-171 REVOCATION OR SUSPENSION OF OPERATING AUTHORITY.

§ 13-2-171 - REVOCATION OR SUSPENSION OF OPERATING AUTHORITY. (A) The department may revoke or suspend an operating authority if the holder: (1) submits a written request or application containing false or misleading information, or omits required information; (2) is convicted of an offense for which the department may deny an application for an operating authority; (3) fails to comply with a provision of this chapter; (4) fails to comply with a condition of the operating authority; (5) fails to pay the operating authority fee when due; (6) fails to provide prearranged or scheduled service, if applicable; (7) fails to begin operation of a ground transportation service within 30 days of the date the operating authority is issued; (8) discontinues the ground transportation service approved in the operating authority for more than 30 consecutive days; or (9) fails to pay an outstanding final judgment that arises out of circumstances related to ground transportation service against the holder or a person described in Section 13-2-161(B)(1) (Operating Authority Application Required). (B) The department shall provide written notice to the holder of the revocation or suspension of an operating authority not later than the 10th business day after the action is taken. Source: 1992 Code Section 8-13-171; Ord. 031106-13; Ord. 031211-11.

Austin City Code § 13-2-172 APPEAL OF ADMINISTRATIVE ACTIONS.

§ 13-2-172 - APPEAL OF ADMINISTRATIVE ACTIONS. (A) A person whose application for renewal, amendment, or supplemental vehicles is denied, or whose operating authority is revoked or suspended may appeal, in writing, to the director not later than the 30th business day after notice of the denial, suspension or revocation is mailed to the applicant. (B) The director shall issue a decision on the appeal not later than the 30th day after receipt of the written appeal. (C) A person whose application for renewal or amendment is denied, or whose operating authority is revoked or suspended may not operate a ground transportation service during the pendency of an appeal. Source: 1992 Code Section 8-13-172; Ord. 031106-13; Ord. 031211-11.

Austin City Code § 13-2-173 SUPPLEMENTAL VEHICLES.

§ 13-2-173 - SUPPLEMENTAL VEHICLES. (A) A holder of a renewed operating authority may request permission to operate supplemental vehicles of the type approved in the operating authority. (B) A request under this section must be filed with the department and include the following: (1) the holder's certification that the vehicle: (a) qualifies under this chapter as a vehicle to be used in a taxi service, limousine service, shuttle service, or charter service; (b) is a type of vehicle approved in the holder's operating authority; and (c) meets appearance and safety standards. (2) A description of the proposed supplemental vehicle including make, model, year, body style, color, and license number. (3) The proposed use of the vehicle. (C) The holder shall submit a copy of proof of insurance for the vehicle with the supplemental vehicle request filed with the department. (D) The holder shall pay the supplemental vehicle fee on the first City business day after the supplemental vehicle is placed in service. (E) A copy of the supplemental vehicle report and proof of insurance must be kept in the supplemental vehicle when it is used to provide service. A driver of a supplemental vehicle must present a copy of the report on request of a scheduled customer or enforcement personnel described in Section 13-2-14 (Enforcement Officers). (F) A supplemental vehicle permit is valid for a period of five days. (G) The department shall adopt rules for the implementation of this section. Source: 1992 Code Section 8-13-173; Ord. 031106-13; Ord. 031211-11; Ord. 20080925-050; Ord. No. 20220303-023, Pt. 14, 3-14-22.

Austin City Code § 13-2-174 TRANSFER PROHIBITED.

§ 13-2-174 - TRANSFER PROHIBITED. A holder of an operating authority may not attempt to transfer or assign an operating authority. Source: 1992 Code Section 8-13-174; Ord. 031106-13; Ord. 031211-11.

Austin City Code § 13-2-175 OPERATING AUTHORITY FEES.

§ 13-2-175 - OPERATING AUTHORITY FEES. (A) Except as provided in Subsection (C), a holder shall pay to the City an annual operating authority permit fee for each vehicle authorized in the operating authority. The fee shall be determined by the occupancy capacity of the vehicle or the type of vehicle used in the ground transportation service. (B) A holder of multiple operating authorities shall pay to the City only one operating authority permit fee for each vehicle. The fee for the vehicle is the higher of the operating authority permit fees that can be assessed under the holder's operating authorities. (C) A holder may pay the fee in quarterly installments in accordance with the City's fiscal year. If a holder makes quarterly payments, the first payment is due immediately on approval of the operating authority and shall be prorated from the month the operating authority is approved. Subsequent payments are due no later than five business days before the beginning of the quarter for which the payment is due. (D) The holder shall pay the fee before placing any ground transportation service vehicle into service. (E) If an operating authority is amended to increase the number of ground transportation service vehicles, the annual fee for each additional vehicle shall be prorated from the month the amendment is approved. Source: 1992 Code Section 8-13-175; Ord. 031106-13; Ord. 031211-11; Ord. No. 20220303-023, Pt. 15, 3-14-22.

Source: City of Austin, City Code and City Charter (Municode Library, library.municode.com)URL: https://library.municode.com/tx/austin/codes/code_of_ordinances?nodeId=TIT13TRSE_CH13-2GRTRPASE_ART2GRTRSE_SPAAPADFetched: 10/27/2026