| 1 | 1 | | 81R647 JD-D |
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| 2 | 2 | | By: Dutton H.B. No. 288 |
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| 3 | 3 | | |
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| 4 | 4 | | |
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| 5 | 5 | | A BILL TO BE ENTITLED |
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| 6 | 6 | | AN ACT |
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| 7 | 7 | | relating to authorizing a justice or municipal court to grant an |
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| 8 | 8 | | occupational driver's license. |
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| 9 | 9 | | BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS: |
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| 10 | 10 | | SECTION 1. Section 521.242, Transportation Code, is amended |
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| 11 | 11 | | to read as follows: |
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| 12 | 12 | | Sec. 521.242. PETITION. (a) A person whose license has been |
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| 13 | 13 | | suspended for a cause other than a physical or mental disability or |
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| 14 | 14 | | impairment or a conviction under Section 49.04, Penal Code, may |
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| 15 | 15 | | apply for an occupational license by filing a verified petition |
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| 16 | 16 | | with the clerk of the justice [the county] court or municipal |
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| 17 | 17 | | [district] court [with jurisdiction] in the precinct or |
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| 18 | 18 | | municipality [county] in which: |
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| 19 | 19 | | (1) the person resides; or |
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| 20 | 20 | | (2) the offense occurred for which the license was |
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| 21 | 21 | | suspended. |
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| 22 | 22 | | (b) [A person may apply for an occupational license by |
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| 23 | 23 | | filing a verified petition only with the clerk of the county court |
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| 24 | 24 | | or district court in which the person was convicted if: |
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| 25 | 25 | | [(1) the person's license has been automatically |
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| 26 | 26 | | suspended or canceled under this chapter for a conviction of an |
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| 27 | 27 | | offense under the laws of this state; and |
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| 28 | 28 | | [(2) the person has not been issued, in the 10 years |
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| 29 | 29 | | preceding the date of the filing of the petition, more than one |
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| 30 | 30 | | occupational license after a conviction under the laws of this |
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| 31 | 31 | | state. |
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| 32 | 32 | | [(c)] A petition filed under this section must set forth in |
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| 33 | 33 | | detail the person's essential need. |
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| 34 | 34 | | (c) [(d) A petition filed under Subsection (b) must state |
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| 35 | 35 | | that the petitioner was convicted in that court for an offense under |
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| 36 | 36 | | the laws of this state. |
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| 37 | 37 | | [(e)] The clerk of the court shall file the petition as in |
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| 38 | 38 | | any other [civil] matter. |
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| 39 | 39 | | (d) [(f)] A court may not grant an occupational license for |
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| 40 | 40 | | the operation of a commercial motor vehicle to which Chapter 522 |
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| 41 | 41 | | applies. |
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| 42 | 42 | | SECTION 2. The change in law made by this Act applies only |
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| 43 | 43 | | to a petition requesting an occupational driver's license that is |
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| 44 | 44 | | filed on or after the effective date of this Act. A petition for an |
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| 45 | 45 | | occupational driver's license that is filed before the effective |
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| 46 | 46 | | date of this Act is covered by the law in effect on the date the |
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| 47 | 47 | | petition was filed, and the former law is continued in effect for |
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| 48 | 48 | | that purpose. |
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| 49 | 49 | | SECTION 3. This Act takes effect September 1, 2009. |
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