1-1 By: Armbrister S.B. No. 322
1-2 (In the Senate - Filed January 28, 1997; February 3, 1997,
1-3 read first time and referred to Committee on Criminal Justice;
1-4 April 16, 1997, reported favorably by the following vote: Yeas 4,
1-5 Nays 0; April 16, 1997, sent to printer.)
1-6 A BILL TO BE ENTITLED
1-7 AN ACT
1-8 relating to the filing of a petition stating an essential need for
1-9 operating a motor vehicle.
1-10 BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
1-11 SECTION 1. Subsections (a) and (b), Section 521.242,
1-12 Transportation Code, are amended to conform to Section 75, Chapter
1-13 318, Acts of the 74th Legislature, 1995, and further amended to
1-14 read as follows:
1-15 (a) A person whose license has been suspended for a cause
1-16 other than a physical or mental disability or impairment or a
1-17 conviction under Section 49.04 [or 49.07], Penal Code, may apply
1-18 for an occupational license by filing a verified petition with the
1-19 clerk [judge] of the county court or district court with
1-20 jurisdiction in the county in which:
1-21 (1) the person resides; or
1-22 (2) the offense occurred for which the license was
1-23 suspended.
1-24 (b) A person may apply for an occupational license by filing
1-25 a verified petition only with the clerk [judge] of the county court
1-26 or district court in which the person was convicted if:
1-27 (1) the person's license has been automatically
1-28 suspended or canceled under this chapter or Chapter 522 for a
1-29 conviction of an offense under the laws of this state [Section
1-30 49.04 or 49.07, Penal Code]; and
1-31 (2) the person has not been issued, in the 10 years
1-32 preceding the date of the filing of the petition, more than one
1-33 occupational license after a conviction under the laws of this
1-34 state [Section 49.04 or 49.07, Penal Code, or Article 6701l-2,
1-35 Revised Statutes, as that law existed before January 1, 1984].
1-36 SECTION 2. Section 521.242, Transportation Code, is amended
1-37 by adding Subsection (e) to read as follows:
1-38 (e) The clerk of the court shall file the petition as in any
1-39 other civil matter.
1-40 SECTION 3. In addition to the substantive changes in law
1-41 made by this Act, this Act conforms the Transportation Code to
1-42 changes in law made by Section 75, Chapter 318, Acts of the 74th
1-43 Legislature, 1995.
1-44 SECTION 4. This Act takes effect September 1, 1997.
1-45 SECTION 5. The importance of this legislation and the
1-46 crowded condition of the calendars in both houses create an
1-47 emergency and an imperative public necessity that the
1-48 constitutional rule requiring bills to be read on three several
1-49 days in each house be suspended, and this rule is hereby suspended.
1-50 * * * * *