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A BILL TO BE ENTITLED
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AN ACT
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relating to eligibility for an occupational driver's license. |
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BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS: |
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SECTION 1. Subsections (a) and (b), Section 521.242, |
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Transportation Code, are amended to read as follows: |
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(a) A person whose license has been suspended for a cause |
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other than a physical or mental disability or impairment, other |
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than [or] a conviction under Section 49.04 or 49.045, Penal Code, or |
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other than as provided by Chapter 724 may apply for an occupational |
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license by filing a verified petition with the clerk of the county |
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court or district court with jurisdiction in the county in which: |
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(1) the person resides; or |
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(2) the offense occurred for which or in connection |
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with which the license was suspended. |
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(b) A person may apply for an occupational license by filing |
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a verified petition only with the clerk of the county court or |
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district court in which the person was convicted if: |
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(1) the person's license has been automatically |
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suspended or canceled under this chapter for a conviction of an |
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offense under the laws of this state; [and] |
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(2) the person has not been issued, in the 10 years |
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preceding the date of the filing of the petition, more than one |
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occupational license after a conviction under the laws of this |
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state; |
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(3) the offense for which the person's license was |
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suspended or canceled was not an offense under Section 19.05, |
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49.04, 49.045, 49.07, or 49.08, Penal Code; and |
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(4) the person's license has not been suspended under |
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Chapter 724. |
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SECTION 2. Subsection (c), Section 521.244, Transportation |
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Code, is amended to read as follows: |
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(c) If the judge finds that there is an essential need, the |
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judge also, as part of the order, shall: |
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(1) determine the actual need of the petitioner to |
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operate a motor vehicle; [and] |
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(2) require the petitioner to provide evidence of |
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financial responsibility in accordance with Chapter 601; |
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(3) determine whether the person meets the |
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requirements of Section 521.242(b); and |
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(4) if applicable, determine the effective date of the |
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order as provided by Section 521.251. |
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SECTION 3. Subsections (a) and (e), Section 521.245, |
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Transportation Code, are amended to read as follows: |
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(a) If the petitioner's license has been suspended under |
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Chapter 524 [or 724], the court shall require the petitioner to |
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attend a program approved by the court that is designed to provide |
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counseling and rehabilitation services to persons for alcohol |
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dependence. This requirement shall be stated in the order granting |
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the occupational license. |
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(e) On receipt of the copy under Subsection (d), the |
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department shall suspend the person's occupational license for[:
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[(1)] 60 days, if the original driver's license |
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suspension was under Chapter 524[; or
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[(2) 120 days, if the original driver's license
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suspension was under Chapter 724]. |
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SECTION 4. Subsection (b), Section 521.246, Transportation |
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Code, is amended to read as follows: |
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(b) [As part of the order the judge may restrict the person
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to the operation of a motor vehicle equipped with an ignition
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interlock device if the judge determines that the person's license
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has been suspended following a conviction under Section 49.04,
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49.07, or 49.08, Penal Code.] As part of the order, the judge shall |
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restrict the person to the operation of a motor vehicle equipped |
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with an ignition interlock device if the judge determines that the |
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person's license has been suspended under Chapter 524[:
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[(1) the person has two or more convictions under any
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combination of Section 49.04, 49.07, or 49.08, Penal Code; or
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[(2) the person's license has been suspended after a
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conviction under Section 49.04, Penal Code, for which the person
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has been punished under Section 49.09, Penal Code]. |
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SECTION 5. Subsection (a), Section 521.248, Transportation |
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Code, is amended to read as follows: |
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(a) An order granting an occupational license must include a |
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finding that the person meets the requirements of Section |
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521.242(b) and specify: |
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(1) the hours of the day and days of the week during |
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which the person may operate a motor vehicle; |
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(2) the reasons for which the person may operate a |
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motor vehicle; [and] |
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(3) areas or routes of travel permitted; and |
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(4) if applicable, the effective date of the order as |
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provided by Section 521.251. |
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SECTION 6. Subsections (a) and (b), Section 521.251, |
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Transportation Code, are amended to read as follows: |
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(a) If a person's license is suspended under Chapter 524 [or
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724] and the person has not had a prior suspension arising from an |
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alcohol-related or drug-related enforcement contact in the five |
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years preceding the date of the person's arrest, an order under this |
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subchapter granting the person an occupational license takes effect |
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immediately. However, the court shall order the person to comply |
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with: |
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(1) the counseling and rehabilitation program |
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required under Section 521.245; and |
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(2) the ignition interlock device requirement under |
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Section 521.246. |
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(b) If the person's driver's license has been suspended as a |
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result of an alcohol-related or drug-related enforcement contact |
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during the five years preceding the date of the suspension under |
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Chapter 524 [person's arrest], the order may not take effect before |
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the 91st day after the effective date of the suspension. The court |
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shall order the person to comply with the ignition interlock device |
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requirement under Section 521.246. |
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SECTION 7. The following provisions of the Transportation |
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Code are repealed: |
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(1) Subsections (a) and (f), Section 521.246; and |
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(2) Subsections (c) and (d), Section 521.251. |
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SECTION 8. The change in law made by this Act applies only |
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to an occupational driver's license that is applied for on or after |
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September 1, 2007. An occupational driver's license applied for |
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before September 1, 2007, is covered by the law in effect on the |
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date the application was filed, and the former law is continued in |
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effect for that purpose. |
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SECTION 9. This Act takes effect September 1, 2007. |