81R647 JD-D
By: Dutton H.B. No. 288
A BILL TO BE ENTITLED
AN ACT
relating to authorizing a justice or municipal court to grant an
occupational driver's license.
BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
SECTION 1. Section 521.242, Transportation Code, is amended
to read as follows:
Sec. 521.242. PETITION. (a) A person whose license has been
suspended for a cause other than a physical or mental disability or
impairment or a conviction under Section 49.04, Penal Code, may
apply for an occupational license by filing a verified petition
with the clerk of the justice [the county] court or municipal
[district] court [with jurisdiction] in the precinct or
municipality [county] in which:
(1) the person resides; or
(2) the offense occurred for which the license was
suspended.
(b) [A person may apply for an occupational license by
filing a verified petition only with the clerk of the county court
or district court in which the person was convicted if:
[(1) the person's license has been automatically
suspended or canceled under this chapter for a conviction of an
offense under the laws of this state; and
[(2) the person has not been issued, in the 10 years
preceding the date of the filing of the petition, more than one
occupational license after a conviction under the laws of this
state.
[(c)] A petition filed under this section must set forth in
detail the person's essential need.
(c) [(d) A petition filed under Subsection (b) must state
that the petitioner was convicted in that court for an offense under
the laws of this state.
[(e)] The clerk of the court shall file the petition as in
any other [civil] matter.
(d) [(f)] A court may not grant an occupational license for
the operation of a commercial motor vehicle to which Chapter 522
applies.
SECTION 2. The change in law made by this Act applies only
to a petition requesting an occupational driver's license that is
filed on or after the effective date of this Act. A petition for an
occupational driver's license that is filed before the effective
date of this Act is covered by the law in effect on the date the
petition was filed, and the former law is continued in effect for
that purpose.
SECTION 3. This Act takes effect September 1, 2009.