By Kuempel H.B. No. 2286
74R7103 DWS-F
A BILL TO BE ENTITLED
1-1 AN ACT
1-2 relating to the filing of a petition stating an essential need for
1-3 operating a motor vehicle.
1-4 BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
1-5 SECTION 1. Subsection (a), Section 23A, Chapter 173, Acts of
1-6 the 47th Legislature, Regular Session, 1941 (Article 6687b,
1-7 Vernon's Texas Civil Statutes), is amended to read as follows:
1-8 (a)(1) Any person whose license has been suspended for
1-9 causes other than physical or mental disability or impairment, or
1-10 other than a conviction under Article 6701l-1, Revised Statutes,
1-11 may file with the clerk <judge> of the county court or district
1-12 court having jurisdiction within the county of his residence, or
1-13 with the clerk <judge> of the county court or district court having
1-14 jurisdiction within the county where an offense occurred for which
1-15 his license was suspended, a verified petition setting forth in
1-16 detail an essential need for operating a motor vehicle.
1-17 (2) A person whose license has been suspended
1-18 following a conviction under Article 6701l-1, Revised Statutes, and
1-19 who has not been issued, in the 10 years preceding the date of
1-20 filing, more than one occupational license following a conviction
1-21 under Article 6701l-1, Revised Statutes, or Article 6701l-2,
1-22 Revised Statutes, as Article 6701l-2 existed before January 1,
1-23 1984, may file only with the clerk <judge> of the county court or
1-24 district court in which the person was convicted a verified
2-1 petition stating that the person was convicted in that court of an
2-2 offense under Article 6701l-1, and setting forth in detail an
2-3 essential need for operating a motor vehicle.
2-4 (3) The clerk of the court shall file the petition as
2-5 in any other civil matter.
2-6 (4) The hearing on the petition may be ex parte in
2-7 nature, except as provided by Subsection (e) of this section.
2-8 SECTION 2. This Act takes effect September 1, 1995.
2-9 SECTION 3. The importance of this legislation and the
2-10 crowded condition of the calendars in both houses create an
2-11 emergency and an imperative public necessity that the
2-12 constitutional rule requiring bills to be read on three several
2-13 days in each house be suspended, and this rule is hereby suspended.