By Tillery                                      H.B. No. 1093

      75R4972 DRH-D                           

                                A BILL TO BE ENTITLED

 1-1                                   AN ACT

 1-2     relating to the requirements for obtaining an occupational driver's

 1-3     license.

 1-4           BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:

 1-5           SECTION 1.  Section 521.242, Transportation Code, is amended

 1-6     by adding Subsection (e) to read as follows:

 1-7           (e)  If a person's license has been suspended under Section

 1-8     601.152 and a judgment exists against the person because of the

 1-9     person's liability for an accident that formed the basis for the

1-10     suspension, the person must notify by certified mail, return

1-11     receipt requested, each judgment holder of the person's intent to

1-12     apply for an occupational license under this subchapter.  Notice

1-13     required under this subsection must:

1-14                 (1)  be given not later than the 15th day before the

1-15     date of a hearing on a petition filed under this section;

1-16                 (2)  indicate the time, date, and place of all hearings

1-17     on the petition; and

1-18                 (3)  be sent to the last known address of the judgment

1-19     holder as shown in the records of the judgment or, if no address is

1-20     indicated, the address of the attorney of record of the judgment

1-21     holder.

1-22           SECTION 2.  Section 521.244, Transportation Code, is amended

1-23     by adding Subsection (e) to read as follows:

1-24           (e)  At the hearing, the court shall inquire whether any

 2-1     notice required by Section 521.242(e) was given.  If notice

 2-2     required under that subsection was not given, the court shall stay

 2-3     further proceedings on the petition until notice is given.

 2-4           SECTION 3.  This Act takes effect September 1, 1997, and

 2-5     applies only to a petition for an occupational driver's license

 2-6     filed with a court on or after that date.

 2-7           SECTION 4.  The importance of this legislation and the

 2-8     crowded condition of the calendars in both houses create an

 2-9     emergency and an imperative public necessity that the

2-10     constitutional rule requiring bills to be read on three several

2-11     days in each house be suspended, and this rule is hereby suspended.