Texas 2021 - 87th Regular

Texas House Bill HB3413 Compare Versions

Version 1 (Old)

Version 2 (New)

Old	New		Differences
	1	+	87R20347 AJZ-D
1	2		By: Murr H.B. No. 3413
	3	+	Substitute the following for H.B. No. 3413:
	4	+	By: Morales of Maverick C.S.H.B. No. 3413
2	5
3	6
4	7		A BILL TO BE ENTITLED
5	8		AN ACT
6	9		relating to occupational driver's licenses and to the renewal of
7	10		driver's licenses.
8	11		BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
9	12		SECTION 1. Section 521.001(a)(3), Transportation Code, is
10	13		amended to read as follows:
11	14		(3) "Driver's license" means an authorization issued
12	15		by the department for the operation of a motor vehicle. The term
13	16		includes:
14	17		(A) a temporary license or learner license; and
15	18		(B) an occupational driver's license.
16	19		SECTION 2. Subchapter L, Chapter 521, Transportation Code,
17	20		is amended to read as follows:
18	21		SUBCHAPTER L. OCCUPATIONAL DRIVER'S LICENSE
19	22		Sec. 521.241. DEFINITIONS. In this subchapter:
20	23		(1) "Essential need" means a need of a person to
21	24		operate [for the operation of] a motor vehicle:
22	25		(A) in the performance of an occupation or trade
23	26		or for transportation to and from the place at which the person
24	27		practices the person's occupation or trade;
25	28		(B) in the pursuit of an occupation or trade;
26	29		(C) for transportation to and from an educational
27	30		facility in which the person is enrolled; or
28	31		(D) [(C)] in the performance of essential
29	32		household duties.
30	33		(2) "Ignition interlock device" means a device that
31	34		uses a deep-lung breath analysis mechanism to make impractical the
32	35		operation of a motor vehicle if ethyl alcohol is detected in the
33	36		breath of the operator of the vehicle.
34	37		(3) "Offense relating to the operating of a motor
35	38		vehicle while intoxicated" has the meaning assigned by Section
36	39		49.09, Penal Code.
37	40		Sec. 521.242. ELIGIBILITY [PETITION]. (a) A person is
38	41		eligible to apply for an occupational driver's license if:
39	42		(1) the person's [whose] license has been suspended,
40	43		revoked, or canceled for a cause other than:
41	44		(A) a physical or mental disability or
42	45		impairment; or
43	46		(B) a determination by the department under
44	47		Section 521.294 that the person is incapable of safely operating a
45	48		motor vehicle;
46	49		(2) the person does not hold a driver's license and is
47	50		ineligible to obtain a driver's license because of a suspension
48	51		order, including an order due to a conviction or an order under
49	52		Chapter 524 or 724; or
50	53		(3) the person is ineligible to obtain a driver's
51	54		license because the person holds a driver's license issued by
52	55		another state or country that was suspended, revoked, or canceled
53	56		for a cause other than a physical or mental disability or
54		-	impairment.
	57	+	impairment. [conviction of an offense under Sections 49.04-49.08,
	58	+	Penal Code]
55	59		(b) For purposes of Subsection (a)(1), a person's driver's
56	60		license is not considered to be suspended, revoked, or canceled if
57	61		the only reason the person is unable to obtain a driver's license is
58	62		because the person was denied a license renewal under Chapter 706.
59	63		(c) An occupational driver's license does not authorize a
60	64		person to operate a commercial motor vehicle to which Chapter 522
61	65		applies.
62	66		Sec. 521.2421. PETITION. (a) Except as provided by
63		-	Subsections (b) and (c) [conviction of an offense under Sections
64		-	49.04-49.08, Penal Code], a person may apply for an occupational
	67	+	Subsections (b) and (c), a person may apply for an occupational
65	68		driver's license by filing a verified petition with the clerk of a
66	69		justice, county, or district court with jurisdiction that includes
67	70		the [precinct or] county in which:
68	71		(1) the person resides; or
69	72		(2) the incident [offense] occurred for which the
70	73		license was suspended, revoked, or canceled.
71	74		(b) If a person's license has been automatically suspended,
72	75		revoked, or canceled due to a conviction of an offense as provided
73	76		by Subchapter O or P, the [A] person may apply for an occupational
74	77		driver's license by filing a verified petition only with the clerk
75	78		of the court in which the person was convicted [if:
76	79		[(1) the person's license has been automatically
77	80		suspended or canceled under this chapter for a conviction of an
78	81		offense under the laws of this state; and
79	82		[(2) the person has not been issued, in the 10 years
80	83		preceding the date of the filing of the petition, more than one
81	84		occupational license after a conviction under the laws of this
82	85		state].
83	86		(c) If a person's license is suspended, revoked, or canceled
84	87		due to a court order submitted to the department by a district,
85	88		county, or justice court, the person may apply for an occupational
86	89		driver's license by filing a verified petition with a court
87	90		described by Subsection (a) or the court that issued the order.
88	91		(d) [(c)] A petition filed under this section must:
89	92		(1) set forth in detail the petitioner's [person's]
90	93		essential need, including a description of the hours and location
91	94		of essential travel;
92	95		(2) describe the reason for the petitioner's license
93	96		suspension, revocation, or cancellation;
94	97		(3) provide evidence of the petitioner's financial
95	98		responsibility in accordance with Chapter 601; and
96	99		(4) include a certified abstract of the petitioner's
97	100		complete driving record.
98	101		[(d) A petition filed under Subsection (b) must state that
99	102		the petitioner was convicted in that court for an offense under the
100	103		laws of this state.
101	104		[(e) The clerk of the court shall file the petition as in any
102	105		other matter.]
103	106		(f) If a court lacks jurisdiction over a petition filed
104	107		under this section, the court shall dismiss the application. The
105	108		court may hold a hearing to determine if the court has jurisdiction
106	109		over the petition. If the petition is dismissed, the petitioner may
107	110		submit a written request for the petition to be reinstated within 14
108	111		days of the dismissal, stating the reason the court has
109	112		jurisdiction over the petition.
110	113		Sec. 521.2422. COURT COSTS. (a) A petitioner must pay the
111	114		filing fee the court charges for filing a civil action or file a
112	115		statement of inability to afford payment of court costs under the
113	116		Texas Rules of Civil Procedure. If a petition is dismissed under
114	117		Section 521.2421(f), the court shall refund any filing fee paid by
115	118		the petitioner under this subsection.
116	119		(b) If a petitioner files a statement of inability to afford
117	120		payment of court costs, the court may hold a hearing to determine
118	121		the person's ability to afford the payment of the filing fee. The
119	122		hearing may be held at the time the statement of inability to afford
120	123		payment of court costs is filed or at the time of the hearing to
121	124		determine the petitioner's essential need. If the court determines
122	125		the petitioner is able to afford the payment of the filing fee, the
123	126		court may not grant an occupational driver's license to the
124	127		petitioner until the petitioner pays the fee.
125	128		Sec. 521.2423. FORMS. A court shall make the forms required
126	129		for petitioning for an occupational driver's license and for the
127	130		statement of inability to afford payment of court costs available
128	131		at no cost.
129	132		Sec. 521.2424. COMMERCIAL MOTOR VEHICLES. A court may not
130	133		grant an occupational driver's license for the operation of a
131	134		commercial motor vehicle to which Chapter 522 applies. This
132	135		section does not prevent a person who has been issued a commercial
133	136		driver's license from obtaining an occupational driver's license
134	137		for the operation of a noncommercial motor vehicle.
135	138		Sec. 521.243. NOTICE TO STATE; PRESENTATION OF EVIDENCE.
136	139		(a) Unless the petition is dismissed under Section 521.2421(f),
137	140		the [The] clerk of the court shall send by certified mail to the
138	141		attorney representing the state a copy of the petition and notice of
139	142		the hearing if the petitioner's license was suspended, revoked, or
140	143		canceled following a conviction for:
141	144		(1) an offense under Section 19.05 or Sections
142	145		49.04-49.08, Penal Code; or
143	146		(2) an offense to which Section 521.342 applies.
144	147		(b) The court may notify the attorney representing the state
145	148		of any other hearing on a petition for an occupational driver's
146	149		license.
147	150		(c) A person who receives notice [a copy of a petition]
148	151		under Subsection (a) or (b) may attend the hearing and may present
149	152		evidence at the hearing for or against granting the petition.
150	153		Sec. 521.244. [HEARING; ORDER;] DETERMINATION OF ESSENTIAL
151	154		NEED; HEARING AND ORDER. (a) The judge shall hold a hearing on the
152	155		petition if the petitioner's license was suspended, revoked, or
153	156		canceled following a conviction for:
154	157		(1) an offense under Section 19.05 or Sections
155	158		49.04-49.08, Penal Code; or
156	159		(2) an offense to which Section 521.342 applies.
157	160		(a-1) If the petitioner's license was suspended, revoked,
158	161		or canceled for a reason other than a reason described by Subsection
159	162		(a), the judge may hold a hearing on the petition or may make a
160	163		determination of essential need based on the petition [The judge
161	164		who hears the petition shall sign an order finding whether an
162	165		essential need exists].
163	166		[(b) In determining whether an essential need exists, the
164	167		judge shall consider:
165	168		[(1) the petitioner's driving record; and
166	169		[(2) any evidence presented by a person under Section
167	170		521.243(b).
168	171		[(c) If the judge finds that there is an essential need, the
169	172		judge also, as part of the order, shall:
170	173		[(1) determine the actual need of the petitioner to
171	174		operate a motor vehicle; and
172	175		[(2) require the petitioner to provide evidence of
173	176		financial responsibility in accordance with Chapter 601.]
174	177		(d) Except as provided by Section 521.243(c) [521.243(b)],
175	178		the hearing on the petition may be ex parte. The hearing may be held
176	179		using electronic or telephonic means.
177	180		(e) Subject to Subsection (f), if the judge determines the
178	181		person is eligible for an occupational driver's license and has an
179	182		essential need, the judge shall enter an order granting the
180	183		petition. If the judge determines the person is ineligible for an
181	184		occupational driver's license or does not have an essential need,
182	185		the judge shall enter an order denying the petition.
183	186		(f) The judge may enter an order denying the petition based
184	187		on evidence presented at a hearing by the attorney representing the
185	188		state. The judge may also enter an order denying the petition if
186	189		the petitioner:
187	190		(1) is unable to present evidence of financial
188	191		responsibility under Chapter 601;
189	192		(2) has been convicted more than once in the 10 years
190	193		preceding the date of the petition of an offense to which Sections
191	194		49.04-49.08, Penal Code, apply; or
192	195		(3) is subject to a revocation order under Section
193	196		521.252 or 521.253 [A person convicted of an offense under Sections
194	197		49.04-49.08, Penal Code, who is restricted to the operation of a
195	198		motor vehicle equipped with an ignition interlock device is
196	199		entitled to receive an occupational license without a finding that
197	200		an essential need exists for that person, provided that the person
198	201		shows:
199	202		[(1) evidence of financial responsibility under
200	203		Chapter 601; and
201	204		[(2) proof the person has had an ignition interlock
202	205		device installed on each motor vehicle owned or operated by the
203	206		person].
204	207		(g) An order granting or denying an application for an
205	208		occupational driver's license may not be appealed.
206	209		Sec. 521.245. REQUIRED ALCOHOL DEPENDENCE COUNSELING. (a)
207	210		If the petitioner's license has been suspended under Chapter 524 or
208	211		724, or as the result of a conviction for an offense relating to the
209	212		operating of a motor vehicle while intoxicated, the court shall
210	213		require the petitioner to attend a program approved by the court
211	214		that is designed to provide counseling and rehabilitation services
212	215		to persons for alcohol dependence. The court may waive the
213	216		requirement on a showing of good cause [This requirement shall be
214	217		stated in the order granting the occupational license].
215	218		(b) The program required under Subsection (a) may not be the
216	219		program provided by Section 521.344 or by Article 42A.403 or
217	220		42A.404, Code of Criminal Procedure.
218	221		(c) The court may require the person to report periodically
219	222		to the court to verify that the person is attending the required
220	223		program.
221	224		(d) On finding that the person is not attending the program
222	225		as required, the court may:
223	226		(1) revoke the order granting the occupational
224	227		driver's license, as provided by Section 521.252; or
225	228		(2) if the person is not currently restricted to the
226	229		operation of a motor vehicle with an ignition interlock device
227	230		installed, modify the order to include that restriction, as
228	231		provided by Section 521.246. [The court shall send a certified copy
229	232		of the order revoking the license to the department.
230	233		[(e) On receipt of the copy under Subsection (d), the
231	234		department shall suspend the person's occupational license for:
232	235		[(1) 60 days, if the original driver's license
233	236		suspension was under Chapter 524; or
234	237		[(2) 120 days, if the original driver's license
235	238		suspension was under Chapter 724.
236	239		[(f) A suspension under Subsection (e):
237	240		[(1) takes effect on the date on which the court signs
238	241		the order revoking the occupational license; and
239	242		[(2) is cumulative of the original suspension.
240	243		[(g) A person is not eligible for an occupational license
241	244		during a period of suspension under Subsection (e).]
242	245		Sec. 521.246. IGNITION INTERLOCK DEVICE REQUIREMENT. (a)
243	246		Subject to Subsection (b-1), the [If the person's license has been
244	247		suspended after a conviction of an offense under Sections
245	248		49.04-49.08, Penal Code, the] judge shall restrict the person to
246	249		the operation of a motor vehicle equipped with an ignition
247	250		interlock device if:
248	251		(1) the person is currently under an order restricting
249	252		the person to the operation of a motor vehicle equipped with an
250	253		ignition interlock device, including an order imposed as a
251	254		condition of bond; or
252	255		(2) the person's license has been suspended, revoked,
253	256		or canceled after a conviction for an offense under Sections
254	257		49.04-49.08, Penal Code.
255	258		(b) On a finding of good cause, the judge may restrict the
256	259		person to the operation of a motor vehicle equipped with an ignition
257	260		interlock device in a case not described by Subsection (a).
258	261		(b-1) The court may waive the ignition interlock device
259	262		requirement under Subsection (a) if the court finds the requirement
260	263		is not necessary for the safety of the community and the waiver is
261	264		in the best interest of justice.
262	265		(c) The person shall obtain the ignition interlock device at
263	266		the person's own expense unless the court finds that to do so is not
264	267		in the best interest of justice and enters that finding in the
265	268		record. If the court determines that the person is unable to pay
266	269		for the device, the court may impose a reasonable payment schedule
267	270		for a term not to exceed twice the period of the court's order.
268	271		(d) The court shall order the ignition interlock device to
269	272		remain installed for the duration of the period of suspension,
270	273		unless the court finds:
271	274		(1) good cause for the removal of the device; and
272	275		(2) the device is not necessary for the safety of the
273	276		community.
274	277		(e) A person to whom this section applies may operate a
275	278		motor vehicle without the installation of an approved ignition
276	279		interlock device if:
277	280		(1) the person is required to operate a motor vehicle
278	281		in the course and scope of the person's employment;
279	282		(2) the vehicle is owned by the person's employer;
280	283		(3) the employer is not owned or controlled by the
281	284		person whose driving privilege is restricted;
282	285		(4) the employer is notified of the driving privilege
283	286		restriction; and
284	287		(5) proof of that notification is with the vehicle.
285	288		[(f) A previous conviction may not be used for purposes of
286	289		restricting a person to the operation of a motor vehicle equipped
287	290		with an interlock ignition device under this section if:
288	291		[(1) the previous conviction was a final conviction
289	292		for an offense under Sections 49.04-49.08, Penal Code, and was for
290	293		an offense committed more than 10 years before the instant offense
291	294		for which the person was convicted; and
292	295		[(2) the person has not been convicted of an offense
293	296		under Sections 49.04-49.08 of that code committed within 10 years
294	297		before the date on which the instant offense for which the person
295	298		was convicted.]
296	299		Sec. 521.2461. TESTING FOR ALCOHOL OR CONTROLLED
297	300		SUBSTANCES. The court granting an occupational driver's license
298	301		under this subchapter may require as a condition of the license that
299	302		the person submit to periodic testing for alcohol or controlled
300	303		substances, to be conducted by an entity specified by the court, if
301	304		the person's license has been suspended, revoked, or canceled under
302	305		Chapter 524 or 724 or as a result of the person's conviction for
303	306		[of] an offense relating to the operating [involving the operation]
304	307		of a motor vehicle while intoxicated.
305	308		Sec. 521.2462. SUPERVISION OF PERSON ISSUED OCCUPATIONAL
306	309		DRIVER'S LICENSE. (a) The court granting an occupational driver's
307	310		license under this subchapter may order the person receiving the
308	311		license to submit to supervision for the purpose of verifying the
309	312		person's compliance with the conditions specified by the order
310	313		granting the license, including [the] conditions specified in
311	314		accordance with Section 521.248.
312	315		(a-1) The court may order the supervision of the person to
313	316		be conducted by:
314	317		(1) the local community supervision and corrections
315	318		department; or
316	319		(2) a personal bond office established under Article
317	320		17.42, Code of Criminal Procedure.
318	321		(a-2) If the court orders the person's supervision to be
319	322		conducted by the local community supervision and corrections
320	323		department, the court shall order the person to pay a monthly
321	324		administrative fee under Section 76.015, Government Code.
322	325		(a-3) If the court orders the person's supervision to be
323	326		conducted by a personal bond office, the office may collect from the
324	327		person a reasonable administrative fee of not less than $25 and not
325	328		more than $60 per month.
326	329		(b) The court may order the supervision to continue until
327	330		the end of the period of suspension, revocation, or cancellation of
328	331		the person's driver's license, including any extensions of that
329	332		period.
330	333		(c) The court for good cause may modify or terminate
331	334		supervision before the end of the period of license suspension,
332	335		revocation, or cancellation.
333	336		Sec. 521.2465. RESTRICTED LICENSE. (a) On receipt of
334	337		notice that a person has been restricted to the use of a motor
335	338		vehicle equipped with an ignition interlock device, the department
336	339		shall notify that person that the person's driver's license expires
337	340		on the 30th day after the date of the notice. On application by the
338	341		person and payment of a fee of $10, the department shall issue a
339	342		special restricted license that conspicuously indicates that the
340	343		person is authorized to operate only a motor vehicle equipped with
341	344		an ignition interlock device.
342	345		(a-1) The notice provided to the person by the department
343	346		under Subsection (a) may be provided by:
344	347		(1) first class mail; or
345	348		(2) e-mail if the person has provided an e-mail
346	349		address to the department and has elected to receive notice
347	350		electronically.
348	351		(b) On receipt of a copy of a court order removing the
349	352		restriction or at the end of the period of suspension, as
350	353		applicable, the department shall issue the person a driver's
351	354		license without the restriction.
352	355		Sec. 521.247. APPROVAL OF IGNITION INTERLOCK DEVICES BY
353	356		DEPARTMENT. (a) The department shall adopt rules for the approval
354	357		of ignition interlock devices used under this subchapter.
355	358		(b) The department by rule shall establish general
356	359		standards for the calibration and maintenance of the devices. The
357	360		manufacturer or an authorized representative of the manufacturer is
358	361		responsible for calibrating and maintaining the device.
359	362		(c) If the department approves a device, the department
360	363		shall notify the manufacturer of that approval in writing. Written
361	364		notice from the department to a manufacturer is admissible in a
362	365		civil or criminal proceeding in this state. The manufacturer shall
363	366		reimburse the department for any cost incurred by the department in
364	367		approving the device.
365	368		(d) The department is not liable in a civil or criminal
366	369		proceeding that arises from the use of an approved device.
367	370		Sec. 521.2475. IGNITION INTERLOCK DEVICE EVALUATION. (a)
368	371		On January 1 of each year, the department shall issue an evaluation
369	372		of each ignition interlock device approved under Section 521.247
370	373		using guidelines established by the National Highway Traffic Safety
371	374		Administration, including:
372	375		(1) whether the device provides accurate detection of
373	376		alveolar air;
374	377		(2) the moving retest abilities of the device;
375	378		(3) the use of tamper-proof blood alcohol content
376	379		level software by the device;
377	380		(4) the anticircumvention design of the device;
378	381		(5) the recalibration requirements of the device; and
379	382		(6) the breath action required by the operator.
380	383		(b) The department shall assess the cost of preparing the
381	384		evaluation equally against each manufacturer of an approved device.
382	385		Sec. 521.2476. MINIMUM STANDARDS FOR VENDORS OF IGNITION
383	386		INTERLOCK DEVICES. (a) The department by rule shall establish:
384	387		(1) minimum standards for vendors of ignition
385	388		interlock devices who conduct business in this state; and
386	389		(2) procedures to ensure compliance with those
387	390		standards, including procedures for the inspection of a vendor's
388	391		facilities.
389	392		(b) The minimum standards shall require each vendor to:
390	393		(1) be authorized by the department to do business in
391	394		this state;
392	395		(2) install a device only if the device is approved
393	396		under Section 521.247;
394	397		(3) obtain liability insurance providing coverage for
395	398		damages arising out of the operation or use of devices in amounts
396	399		and under the terms specified by the department;
397	400		(4) install the device and activate any
398	401		anticircumvention feature of the device within a reasonable time
399	402		after the vendor receives notice that installation is ordered by a
400	403		court;
401	404		(5) install and inspect the device in accordance with
402	405		any applicable court order;
403	406		(6) repair or replace a device not later than 48 hours
404	407		after receiving notice of a complaint regarding the operation of
405	408		the device;
406	409		(7) submit a written report of any violation of a court
407	410		order to that court and to the person's supervising officer, if any,
408	411		not later than 48 hours after the vendor discovers the violation;
409	412		(8) maintain a record of each action taken by the
410	413		vendor with respect to each device installed by the vendor,
411	414		including each action taken as a result of an attempt to circumvent
412	415		the device, until at least the fifth anniversary after the date of
413	416		installation;
414	417		(9) make a copy of the record available for inspection
415	418		by or send a copy of the record to any court, supervising officer,
416	419		or the department on request; and
417	420		(10) annually provide to the department a written
418	421		report of each service and ignition interlock device feature made
419	422		available by the vendor.
420	423		(c) The department may revoke the department's
421	424		authorization for a vendor to do business in this state if the
422	425		vendor or an officer or employee of the vendor violates:
423	426		(1) any law of this state that applies to the vendor;
424	427		or
425	428		(2) any rule adopted by the department under this
426	429		section or another law that applies to the vendor.
427	430		(d) A vendor shall reimburse the department for the
428	431		reasonable cost of conducting each inspection of the vendor's
429	432		facilities under this section.
430	433		[(e) In this section, "offense relating to the operating of
431	434		a motor vehicle while intoxicated" has the meaning assigned by
432	435		Section 49.09, Penal Code.]
433	436		Sec. 521.248. ORDER GRANTING LICENSE [REQUIREMENTS]. (a)
434	437		An order granting an occupational driver's license must specify:
435	438		(1) the hours of the day and days of the week during
436	439		which the person may operate a motor vehicle;
437	440		(2) the reasons for which the person may operate a
438	441		motor vehicle;
439	442		(3) areas or routes of travel permitted;
440	443		(4) that the person may not operate a commercial motor
441	444		vehicle;
442	445		(5) that the person is restricted to the operation of a
443	446		motor vehicle equipped with an ignition interlock device, if
444	447		applicable; [and]
445	448		(6) [(5)] that the person must submit to periodic
446	449		testing for alcohol or controlled substances, if applicable;
447	450		(7) that the person is required to attend alcohol
448	451		dependence counseling, if applicable; and
449	452		(8) that the person is required to submit to
450	453		supervision to ensure compliance with conditions of the order, if
451	454		applicable.
452	455		(b) The person may not operate a motor vehicle for more than
453	456		four hours in any 24-hour period, except that on a showing of
454	457		necessity the court may allow the person to drive for any period
455	458		determined by the court that does not exceed 12 hours in any 24-hour
456	459		period.
457	460		(c) An order granting an occupational driver's license
458	461		remains valid until the end of the period of suspension,
459	462		revocation, or cancellation of the person's regular driver's
460	463		license.
461	464		(d) A person who is restricted to the operation of a motor
462	465		vehicle equipped with an ignition interlock device may not be
463	466		subject to any time of travel, reason for travel, or location of
464	467		travel restrictions described by Subsection (a)(1), (2), or (3) or
465	468		(b).
466	469		(e) An order granting an occupational driver's license may
467	470		require the person to keep a travel log showing the date, time, and
468	471		location of travel. The court may require the person to show the
469	472		travel log to demonstrate compliance with the conditions of the
470	473		order.
471	474		(f) The court shall give a copy of the order to the person
472	475		and inform the person that they must comply with any requirements
473	476		of the department for the issuance of an occupational driver's
474	477		license.
475	478		(g) An order issued under this section may be modified at
476	479		any time by the court without a hearing or payment of a filing fee.
477	480		The issuance date of the order is not changed by a modification. If
478	481		the order is modified, the court shall deliver a certified copy to
479	482		the person and to the department.
480	483		Sec. 521.249. NOTICE TO DEPARTMENT; ISSUANCE OF
481	484		OCCUPATIONAL DRIVER'S LICENSE. (a) The court shall send a
482	485		certified copy of the petition and the court order setting out the
483	486		judge's findings and restrictions to the department. The person
484	487		may use a copy of the order as a restricted license until the 45th
485	488		day after the date on which the order takes effect.
486	489		(a-1) It is an affirmative defense to prosecution under
487	490		Sections 521.025 and 521.457 that the person has applied for and
488	491		complied with the department's requirements for the issuance of an
489	492		occupational driver's license on or before the 10th day after the
490	493		issuance of the court order but has not been issued the license.
491	494		(b) On receipt of the copy under this section and after
492	495		compliance with Chapter 601, the department shall issue an
493	496		occupational driver's license to the person. The license must
494	497		refer on its face to the court order.
495	498		Sec. 521.250. COURT ORDER IN OPERATOR'S POSSESSION. A
496	499		person who is issued an occupational driver's license shall have in
497	500		the person's possession a certified copy of the court order
498	501		granting the license while operating a motor vehicle. The person
499	502		shall allow a peace officer to examine the order on request.
500	503		[Sec. 521.251. EFFECTIVE DATE OF OCCUPATIONAL LICENSE. (a)
501	504		If a person's license is suspended under Chapter 524 or 724 and the
502	505		person has not had a prior suspension arising from an
503	506		alcohol-related or drug-related enforcement contact in the five
504	507		years preceding the date of the person's arrest, an order under this
505	508		subchapter granting the person an occupational license takes effect
506	509		immediately. However, the court shall order the person to comply
507	510		with the counseling and rehabilitation program required under
508	511		Section 521.245.
509	512		[(b) If the person's driver's license has been suspended as
510	513		a result of an alcohol-related or drug-related enforcement contact
511	514		during the five years preceding the date of the person's arrest, the
512	515		order may not take effect before the 91st day after the effective
513	516		date of the suspension.
514	517		[(c) If the person's driver's license has been suspended as
515	518		a result of a conviction of an offense under Sections 49.04-49.08,
516	519		Penal Code, during the five years preceding the date of the person's
517	520		arrest, the order may not take effect before the 181st day after the
518	521		effective date of the suspension.
519	522		[(d) Notwithstanding any other provision in this section,
520	523		if the person's driver's license has been suspended as a result of a
521	524		second or subsequent conviction under Sections 49.04-49.08, Penal
522	525		Code, committed within five years of the date on which the most
523	526		recent preceding offense was committed, an order granting the
524	527		person an occupational license may not take effect before the first
525	528		anniversary of the effective date of the suspension.
526	529		[(d-1) Notwithstanding Subsections (b), (c), and (d), the
527	530		court may issue an occupational license to a person if the person
528	531		submits proof the person has an ignition interlock device installed
529	532		on each motor vehicle owned or operated by the person. If a person
530	533		issued an occupational license under this subsection fails to
531	534		maintain an installed ignition interlock device on each motor
532	535		vehicle owned or operated by the person, the court shall revoke the
533	536		occupational license under Section 521.252 and reinstate the
534	537		suspension of the person's driver's license. A person granted an
535	538		occupational license under this subsection may not be ordered,
536	539		under Section 521.2462, to submit to the supervision of the local
537	540		community supervision and corrections department or a personal bond
538	541		office established under Article 17.42, Code of Criminal Procedure,
539	542		unless the order is entered by a court of record.
540	543		[(e) For the purposes of this section, "alcohol-related or
541	544		drug-related enforcement contact" has the meaning assigned by
542	545		Section 524.001.]
543	546		Sec. 521.252. LICENSE REVOCATION. (a) The court that signs
544	547		an order granting an occupational driver's license may, at any
545	548		time, issue [at any time] an order revoking the license for good
546	549		cause.
547	550		(b) The court that signed an order granting an occupational
548	551		driver's license shall issue an order revoking the license if the
549	552		person is restricted to the operation of a motor vehicle equipped
550	553		with an ignition interlock device and operates a vehicle that is not
551	554		equipped with an ignition interlock device, unless authorized to
552	555		operate the vehicle under Section 521.246(e).
553	556		(c) The court shall send a certified copy of the order to the
554	557		person and to the department.
555	558		Sec. 521.253. CRIMINAL OFFENSE; PENALTY. (a) A person who
556	559		holds an occupational driver's license commits an offense if the
557	560		person:
558	561		(1) operates a motor vehicle in violation of a
559	562		restriction imposed on the license; or
560	563		(2) fails to have in the person's possession a
561	564		certified copy of the court order as required under Section
562	565		521.250.
563	566		(b) An offense under this section is a Class B misdemeanor.
564	567		(c) On conviction of an offense under this section, the
565	568		convicting court shall:
566	569		(1) issue an order revoking the occupational driver's
567	570		license; and
568	571		(2) deliver the revocation order to the person, the
569	572		court that issued the order granting the occupational driver's
570	573		license, and the department [and the order granting that license
571	574		are revoked].
572	575		SECTION 3. Section 521.320(e), Transportation Code, is
573	576		amended to read as follows:
574	577		(e) A person whose license is suspended under Subsection (a)
575	578		remains eligible to receive an occupational driver's license under
576	579		Subchapter L.
577	580		SECTION 4. Section 521.342(c), Transportation Code, is
578	581		amended to read as follows:
579	582		(c) A person whose license is suspended under Subsection (a)
580	583		remains eligible to receive an occupational driver's license under
581	584		Subchapter L. Suspension under Subsection (a) is not a suspension
582	585		for physical or mental disability or impairment for purposes of
583	586		eligibility to apply for an occupational driver's license under
584	587		Subchapter L.
585	588		SECTION 5. Section 521.350(c), Transportation Code, is
586	589		amended to read as follows:
587	590		(c) A person whose license is suspended under Subsection (a)
588	591		remains eligible to receive an occupational driver's license under
589	592		Subchapter L, except that an occupational driver's license issued
590	593		to a person younger than 18 years of age whose license is suspended
591	594		under this section may permit the operation of a motor vehicle only
592	595		for transportation to and from an educational facility in which the
593	596		person is enrolled and the place where the person resides.
594	597		SECTION 6. Section 521.377(b), Transportation Code, is
595	598		amended to read as follows:
596	599		(b) A person whose license is suspended under Section
597	600		521.372 remains eligible to receive an occupational driver's
598	601		license under Subchapter L. Suspension under Section 521.372 is
599	602		not a suspension for physical or mental disability or impairment
600	603		for purposes of eligibility to apply for an occupational driver's
601	604		license under Subchapter L.
602	605		SECTION 7. Section 521.421(d), Transportation Code, is
603	606		amended to read as follows:
604	607		(d) The fee for issuance or renewal of an occupational
605	608		driver's license is $10.
606	609		SECTION 8. Section 601.332, Transportation Code, is amended
607	610		by adding Subsection (c) to read as follows:
608	611		(c) A person whose license is suspended under Subsection (a)
609	612		is eligible for an occupational driver's license under Subchapter
610	613		L, Chapter 521.
611	614		SECTION 9. Section 706.005, Transportation Code, is amended
612	615		by amending Subsection (a) and adding Subsection (c) to read as
613	616		follows:
614	617		(a) A political subdivision shall immediately notify the
615	618		department that there is no cause to continue to deny renewal of a
616	619		person's driver's license based on the person's previous failure to
617	620		appear or failure to pay or satisfy a judgment ordering the payment
618	621		of a fine and cost in the manner ordered by the court in a matter
619	622		involving an offense described by Section 706.002(a), on payment of
620	623		a reimbursement fee, or on a finding by the court that the person is
621	624		indigent and not required to pay a reimbursement fee, as provided by
622	625		Section 706.006 and:
623	626		(1) the perfection of an appeal of the case for which
624	627		the warrant of arrest was issued or judgment arose;
625	628		(2) the dismissal of the charge for which the warrant
626	629		of arrest was issued or judgment arose, other than a dismissal with
627	630		prejudice by motion of the appropriate prosecuting attorney for
628	631		lack of evidence;
629	632		(3) the posting of bond or the giving of other security
630	633		to reinstate the charge for which the warrant was issued;
631	634		(4) the payment or discharge of the fine and cost owed
632	635		on an outstanding judgment of the court; [or]
633	636		(5) if the person's license is denied renewal solely
634	637		because of the person's previous failure to appear, the person's
635	638		appearance in court in any manner authorized by law for the
636	639		underlying offense for which the person previously failed to
637	640		appear; or
638	641		(6) any other [suitable] arrangement to satisfy [pay]
639	642		the fine and cost within the court's discretion, including any
640	643		instance in which the person enters into an arrangement with the
641	644		court to satisfy the fine and cost under a payment plan or by
642	645		performing community service.
643	646		(c) A political subdivision that notifies the department
644	647		that there is no cause to continue to deny renewal of a person's
645	648		driver's license under Subsection (a) may notify the department if
646	649		the court subsequently determines the person failed to complete an
647	650		arrangement to satisfy the fine and cost under Subsection (a)(6),
648	651		including failure to complete payment plan installments or failure
649	652		to complete community service. On receiving the necessary
650	653		information from the political subdivision under this subsection,
651	654		the department may deny renewal of the person's driver's license.
652	655		SECTION 10. Section 54.042(e), Family Code, is amended to
653	656		read as follows:
654	657		(e) A child whose driver's license or permit has been
655	658		suspended or denied pursuant to this section may, if the child is
656	659		otherwise eligible for, and fulfills the requirements for issuance
657	660		of, a provisional driver's license or permit under Chapter 521,
658	661		Transportation Code, apply for and receive an occupational driver's
659	662		license in accordance with the provisions of Subchapter L of that
660	663		chapter.
661	664		SECTION 11. Section 75.014(e), Government Code, is amended
662	665		to read as follows:
663	666		(e) The County Courts at Law No. 6 and No. 7 of El Paso
664	667		County, Texas, are designated as criminal misdemeanor courts.
665	668		Courts designated as criminal misdemeanor courts shall give
666	669		preference to and have primary responsibility for:
667	670		(1) criminal misdemeanor cases;
668	671		(2) appeals or petitions under Section 501.052,
669	672		521.2421 [521.242], 521.302, or 524.041, Transportation Code;
670	673		(3) misdemeanor bail bond and personal bond forfeiture
671	674		cases; and
672	675		(4) appeals de novo from the municipal and justice
673	676		courts.
674	677		SECTION 12. Section 123.009, Government Code, is amended to
675	678		read as follows:
676	679		Sec. 123.009. OCCUPATIONAL DRIVER'S LICENSE.
677	680		Notwithstanding Section 521.2421 [521.242], Transportation Code,
678	681		if a participant's driver's license has been suspended as a result
679	682		of an alcohol-related or drug-related enforcement contact, as
680	683		defined by Section 524.001, Transportation Code, or as a result of a
681	684		conviction under Section 49.04, 49.07, or 49.08, Penal Code, the
682	685		judge or magistrate administering a drug court program under this
683	686		chapter may order that an occupational driver's license be issued
684	687		to the participant. An order issued under this section is subject
685	688		to Sections 521.248, 521.249, 521.250, 521.252, and 521.253
686	689		[521.248-521.252], Transportation Code, except that any reference
687	690		to a petition under Section 521.242 of that code does not apply.
688	691		SECTION 13. Section 524.022(d), Transportation Code, is
689	692		repealed.
690	693		SECTION 14. This Act takes effect September 1, 2021.