81R711 JD-D
By: Dutton H.B. No. 900
A BILL TO BE ENTITLED
AN ACT
relating to authorizing a justice court to grant an occupational
driver's license and providing for an appeal from the justice
court.
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 [district] court
[with jurisdiction] in the precinct [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. Subchapter L, Chapter 521, Transportation Code,
is amended by adding Section 521.2441 to read as follows:
Sec. 521.2441. APPEAL. (a) The issuance or denial of an
occupational license may be appealed by:
(1) the person who files a petition under Section
521.242; or
(2) the state, through the office of the attorney
representing the state at a hearing under Section 521.244.
(b) An appeal under Subsection (a) is to a district court
having jurisdiction in the justice precinct in which the petition
was filed. The appeal shall be determined by the court by trial de
novo.
SECTION 3. The change in law made by this Act applies only
in connection with an occupational driver's license that is applied
for on or after the effective date of this Act. An occupational
driver's license that is applied for before the effective date of
this Act is covered by the law in effect on the date the petition
applying for the license was filed, and the former law is continued
in effect for that purpose.
SECTION 4. This Act takes effect September 1, 2009.