| 1 | 1 | | 81R711 JD-D |
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| 2 | 2 | | By: Dutton H.B. No. 900 |
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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 court to grant an occupational |
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| 8 | 8 | | driver's license and providing for an appeal from the justice |
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| 9 | 9 | | court. |
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| 10 | 10 | | BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS: |
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| 11 | 11 | | SECTION 1. Section 521.242, Transportation Code, is amended |
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| 12 | 12 | | to read as follows: |
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| 13 | 13 | | Sec. 521.242. PETITION. (a) A person whose license has been |
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| 14 | 14 | | suspended for a cause other than a physical or mental disability or |
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| 15 | 15 | | impairment or a conviction under Section 49.04, Penal Code, may |
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| 16 | 16 | | apply for an occupational license by filing a verified petition |
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| 17 | 17 | | with the clerk of the justice [the county] court or [district] court |
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| 18 | 18 | | [with jurisdiction] in the precinct [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. Subchapter L, Chapter 521, Transportation Code, |
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| 43 | 43 | | is amended by adding Section 521.2441 to read as follows: |
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| 44 | 44 | | Sec. 521.2441. APPEAL. (a) The issuance or denial of an |
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| 45 | 45 | | occupational license may be appealed by: |
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| 46 | 46 | | (1) the person who files a petition under Section |
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| 47 | 47 | | 521.242; or |
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| 48 | 48 | | (2) the state, through the office of the attorney |
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| 49 | 49 | | representing the state at a hearing under Section 521.244. |
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| 50 | 50 | | (b) An appeal under Subsection (a) is to a district court |
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| 51 | 51 | | having jurisdiction in the justice precinct in which the petition |
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| 52 | 52 | | was filed. The appeal shall be determined by the court by trial de |
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| 53 | 53 | | novo. |
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| 54 | 54 | | SECTION 3. The change in law made by this Act applies only |
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| 55 | 55 | | in connection with an occupational driver's license that is applied |
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| 56 | 56 | | for on or after the effective date of this Act. An occupational |
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| 57 | 57 | | driver's license that is applied for before the effective date of |
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| 58 | 58 | | this Act is covered by the law in effect on the date the petition |
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| 59 | 59 | | applying for the license was filed, and the former law is continued |
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| 60 | 60 | | in effect for that purpose. |
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| 61 | 61 | | SECTION 4. This Act takes effect September 1, 2009. |
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