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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. Sections 521.242(a) and (b), Transportation |
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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 or a charge |
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or conviction for an offense under Section 49.04, Penal Code, may |
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apply for an occupational license by filing a verified petition |
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with the clerk of the county court or district court with |
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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 the license was |
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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 charged or 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; and |
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(3) the person is not charged with, or has not been |
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convicted of, an offense under Section 19.05, 49.04, 49.07, or |
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49.08, Penal Code. |
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SECTION 2. Section 521.244(c), Transportation Code, is |
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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 all of the |
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requirements of Section 521.242(b); and |
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(4) determine the effective date of the order pursuant |
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to Section 521.251. |
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SECTION 3. Section 521.248(a), Transportation Code, is |
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amended to read as follows: |
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(a) An order granting an occupational license must 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; |
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(4) a finding that the person meets the requirements |
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of Section 521.242(b); and |
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(4) the effective date of the order pursuant to |
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Section 521.251. |
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SECTION 4. The changes in law made by this Act apply only to |
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a petition requesting an occupational driver's license that is |
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filed on or after the effective date of this Act. A petition for an |
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occupational driver's license that is filed before the effective |
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date of this Act is covered by the law in effect on the date the |
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petition was filed, and the former law is continued in effect for |
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this purpose. |
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SECTION 5. This Act takes effect September 1, 2007. |