By Armbrister S.B. No. 322
75R2455 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. Sections 521.242(a) and (b), Transportation Code,
1-6 are amended to conform to Section 75, Chapter 318, Acts of the 74th
1-7 Legislature, Regular Session, 1995, and further amended to read as
1-8 follows:
1-9 (a) A person whose license has been suspended for a cause
1-10 other than a physical or mental disability or impairment or a
1-11 conviction under Section 49.04 [or 49.07], Penal Code, may apply
1-12 for an occupational license by filing a verified petition with the
1-13 clerk [judge] of the county court or district court with
1-14 jurisdiction in the county in which:
1-15 (1) the person resides; or
1-16 (2) the offense occurred for which the license was
1-17 suspended.
1-18 (b) A person may apply for an occupational license by filing
1-19 a verified petition only with the clerk [judge] of the county court
1-20 or district court in which the person was convicted if:
1-21 (1) the person's license has been automatically
1-22 suspended or canceled under this chapter or Chapter 522 for a
1-23 conviction of an offense under the laws of this state [Section
1-24 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, Regular Session, 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.