§ 13-2-34. INSURANCE REQUIRED.

(A)

Except as provided by Subsection (F), before authority to operate any ground transportation service in the City becomes effective, other than a pedicab operated for compensation, an applicant must obtain a public liability policy issued by an insurance company licensed to operate in the State of Texas and by an agent licensed by the State of Texas. The policy must include the following: bodily injury and property damage coverage; and owned, non-owned and hired vehicle coverage. The insurance policy must be in a form satisfactory to the City, and it must meet the requirements of this section. The insurance coverage must be maintained throughout the term of the operating authority or taxicab franchise. The applicant must furnish a certificate of insurance for the policy to the department.

(B)

The policy required by Subsection (A) must, at a minimum, provide coverage for:

(1)

bodily injury of $100,000 per person and $300,000 per accident;

(2)

property damage of $25,000 per accident; and

(3)

personal injury protection of $2,500 for each passenger.

(C)

A business automobile liability insurance policy that provides coverage for scheduled vehicles but does not provide the liability coverage prescribed by Subsection (A) does not comply with this section.

(D)

The City must be included as an additional insured on each policy. The holder or franchise holder is responsible for paying all applicable deductibles.

(E)

Each policy must contain a "Cancellation Provision or Coverage Change" endorsement that provides 30 days notice to the City before the policy is canceled or materially changed to reduce or restrict the coverage. The notice must be mailed to the director.

(F)

Instead of obtaining the insurance policy required by Subsection (A) of this section, a holder may furnish proof of compliance with Subchapter E of Chapter 601 (Motor Vehicle Safety Responsibility Act) of the Texas Transportation Code.

(G)

Before authority to operate a pedicab ground transportation service in the City becomes effective, an applicant must obtain a public liability policy issued by an insurance company licensed to operate in the State of Texas and by an agent licensed by the State of Texas. The policy must include the following: commercial general liability insurance for a minimum limit of five hundred thousand dollars ($500,000) combined single limit per occurrence, and $2,500 medical expense. The policy shall provide coverage for any and all pedicabs for hire and all drivers of such pedicabs. The policy shall provide coverage for all passengers entering and exiting pedicabs.

(H)

A person who provides or operates a ground transportation service in violation of this section commits a Class "C" Misdemeanor punishable by a fine of not less than $500 per offense.

Source: 1992 Code Section 8-13-34; Ord. 031106-13; Ord. 031211-11; Ord. 20120412-021; Ord. No. 20141016-038, Pt. 12, 10-27-14 .