This website will be unavailable from Friday, April 26, 2024 at 6:00 p.m. through Monday, April 29, 2024 at 7:00 a.m. due to data center maintenance.

                                                                                

79R9230 JD-D

By:  Dutton                                                       H.B. No. 2206



A BILL TO BE ENTITLED

AN ACT

relating to authorizing a justice or municipal court to grant an 
occupational driver's license.
	BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:                        
	SECTION 1.  Section 521.242, Transportation Code, is amended 
to read as follows:
	Sec. 521.242.  PETITION.  (a) 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, Penal Code, may 
apply for an occupational license by filing a verified petition 
with the clerk of the justice [the county] court or municipal
[district] court [with jurisdiction] in the precinct or 
municipality [county] in which:
		(1)  the person resides; or                                                   
		(2)  the offense occurred for which the license was 
suspended.              
	(b)  [A person may apply for an occupational license by 
filing a verified petition only with the clerk of the county court 
or district court in which the person was convicted if:
		[(1)  the person's license has been automatically 
suspended or canceled under this chapter for a conviction of an 
offense under the laws of this state;  and
		[(2)  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.
	[(c)]  A petition filed under this section must set forth in 
detail the person's essential need.
	(c) [(d)  A petition filed under Subsection (b) must state 
that the petitioner was convicted in that court for an offense under 
the laws of this state.
	[(e)]  The clerk of the court shall file the petition as in 
any other [civil] matter.
	(d) [(f)]  A court may not grant an occupational license for 
the operation of a commercial motor vehicle to which Chapter 522 
applies.
	SECTION 2.  The change in law made by this Act applies only 
to a petition requesting an occupational driver's license that is 
filed on or after the effective date of this Act.  A petition for an 
occupational driver's license that is filed before the effective 
date of this Act is covered by the law in effect on the date the 
petition was filed, and the former law is continued in effect for 
that purpose.
	SECTION 3.  This Act takes effect September 1, 2005.