| |
|
|
A BILL TO BE ENTITLED
|
|
|
AN ACT
|
|
|
relating to eligibility for an occupational driver's license. |
|
|
BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS: |
|
|
SECTION 1. Sections 521.242(a) and (b), Transportation |
|
|
Code, are amended to read as follows: |
|
|
(a) A person whose license has been suspended for a cause |
|
|
other than a physical or mental disability or impairment or a charge |
|
|
or conviction for an offense under Section 49.04, Penal Code, may |
|
|
apply for an occupational license by filing a verified petition |
|
|
with the clerk of the county court or district court with |
|
|
jurisdiction in the 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 charged or 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; and |
|
|
(3) the person is not charged with, or has not been |
|
|
convicted of, an offense under Section 19.05, 49.04, 49.07, or |
|
|
49.08, Penal Code. |
|
|
SECTION 2. Section 521.244(c), Transportation Code, is |
|
|
amended to read as follows: |
|
|
(c) If the judge finds that there is an essential need, the |
|
|
judge also, as part of the order, shall: |
|
|
(1) determine the actual need of the petitioner to |
|
|
operate a motor vehicle; [and] |
|
|
(2) require the petitioner to provide evidence of |
|
|
financial responsibility in accordance with Chapter 601; |
|
|
(3) determine whether the person meets all of the |
|
|
requirements of Section 521.242(b); and |
|
|
(4) determine the effective date of the order pursuant |
|
|
to Section 521.251. |
|
|
SECTION 3. Section 521.248(a), Transportation Code, is |
|
|
amended to read as follows: |
|
|
(a) An order granting an occupational license must specify: |
|
|
(1) the hours of the day and days of the week during |
|
|
which the person may operate a motor vehicle; |
|
|
(2) the reasons for which the person may operate a |
|
|
motor vehicle; [and] |
|
|
(3) areas or routes of travel permitted; |
|
|
(4) a finding that the person meets the requirements |
|
|
of Section 521.242(b); and |
|
|
(4) the effective date of the order pursuant to |
|
|
Section 521.251. |
|
|
SECTION 4. The changes in law made by this Act apply 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 |
|
|
this purpose. |
|
|
SECTION 5. This Act takes effect September 1, 2007. |