AN ACT

 1-1     relating to the filing of a petition stating an essential need for

 1-2     operating a motor vehicle.

 1-3           BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:

 1-4           SECTION 1.  Subsections (a) and (b), Section 521.242,

 1-5     Transportation Code, are amended to conform to Section 75, Chapter

 1-6     318, Acts of the 74th Legislature, 1995, and further amended to

 1-7     read as follows:

 1-8           (a)  A person whose license has been suspended for a cause

 1-9     other than a physical or mental disability or impairment or a

1-10     conviction under Section 49.04 [or 49.07], Penal Code, may apply

1-11     for an occupational license by filing a verified petition with the

1-12     clerk [judge] of the county court or district court with

1-13     jurisdiction in the county in which:

1-14                 (1)  the person resides; or

1-15                 (2)  the offense occurred for which the license was

1-16     suspended.

1-17           (b)  A person may apply for an occupational license by filing

1-18     a verified petition only with the clerk [judge] of the county court

1-19     or district court in which the person was convicted if:

1-20                 (1)  the person's license has been automatically

1-21     suspended or canceled under this chapter or Chapter 522 for a

1-22     conviction of an offense under the laws of this state [Section

1-23     49.04 or 49.07, Penal Code]; and

 2-1                 (2)  the person has not been issued, in the 10 years

 2-2     preceding the date of the filing of the petition, more than one

 2-3     occupational license after a conviction under the laws of this

 2-4     state [Section 49.04 or 49.07, Penal Code, or Article 6701l-2,

 2-5     Revised Statutes, as that law existed before January 1, 1984].

 2-6           SECTION 2.  Section 521.242, Transportation Code, is amended

 2-7     by adding Subsection (e) to read as follows:

 2-8           (e)  The clerk of the court shall file the petition as in any

 2-9     other civil matter.

2-10           SECTION 3.  In addition to the substantive changes in law

2-11     made by this Act, this Act conforms the Transportation Code to

2-12     changes in law made by Section 75, Chapter 318, Acts of the 74th

2-13     Legislature, 1995.

2-14           SECTION 4.  This Act takes effect September 1, 1997.

2-15           SECTION 5.  The importance of this legislation and the

2-16     crowded condition of the calendars in both houses create an

2-17     emergency and an imperative public necessity that the

2-18     constitutional rule requiring bills to be read on three several

2-19     days in each house be suspended, and this rule is hereby suspended.

         _______________________________     _______________________________

             President of the Senate              Speaker of the House

               I hereby certify that S.B. No. 322 passed the Senate on

         April 28, 1997, by the following vote:  Yeas 31, Nays 0.

                                             _______________________________

                                                 Secretary of the Senate

               I hereby certify that S.B. No. 322 passed the House on

         May 28, 1997, by a non-record vote.

                                             _______________________________

                                                 Chief Clerk of the House

         Approved:

         _______________________________

                     Date

         _______________________________

                   Governor