SRC-SLL S.B. 322 75(R)    BILL ANALYSIS


Senate Research CenterS.B. 322
By: Armbrister
Criminal Justice
4-1-97
As Filed


DIGEST 

Currently, Texas law authorizes a person to apply for an occupational
license if the person's license was suspended for a conviction under
Section 49.04 or 49.07, Penal Code.  Additionally, the petition is to be
filed with the judge of a county or district court.  This bill will
authorize a person to apply for an occupational license if the person's
license was suspended or canceled for a conviction of an offense under the
laws of this state and requires the clerk of the court to file the
petition. 

PURPOSE

As proposed, S.B. 322 provides new regulations for the filing of a
petition stating an essential need for operating a motor vehicle. 

RULEMAKING AUTHORITY

This bill does not grant any additional rulemaking authority to a state
officer, institution, or agency. 

SECTION BY SECTION ANALYSIS

SECTION 1. Amends Sections 521.242(a) and (b), Transportation Code, to
authorize 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, rather than Section 49.04 or 49.07, Penal Code, to apply
for an occupational license by filing a verified petition with the clerk,
rather than the judge, of the county court or district court with
jurisdiction in the county.  Authorizes a person to apply for an
occupational license by filing a verified petition only with the clerk,
rather than judge, of the county court or district court in which the
person was convicted if the person's license has been automatically
suspended or canceled under this chapter or Chapter 522 for a conviction
of an offense under the laws of this state, rather than a conviction under
Section 49.04 or 49.07, Penal Code, and 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,
rather than a conviction under Section 49.04 or 49.07, Penal Code, or
Article 67011-2, V.T.C.S., as that law existed before January 1, 1984. 

SECTION 2. Amends Section 521.242, Transportation Code, by adding
Subsection (e), to require the clerk of the court to file the petition as
in any other civil matter. 

SECTION 3. Provides that in addition to the substantive changes in law
made by this Act, this Act conforms the Transportation Code to changes in
law made by Section 75, Chapter 318, Acts of the 74th Legislature, Regular
Session, 1995. 

SECTION 4. Effective date: September 1, 1997.

SECTION 5. Emergency clause.