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A BILL TO BE ENTITLED
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AN ACT
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relating to authorizing a justice court to grant an occupational |
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driver's license and providing for an appeal from the justice |
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court. |
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BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS: |
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SECTION 1. Section 521.242, Transportation Code, is amended |
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to read as follows: |
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Sec. 521.242. PETITION. (a) A person whose license has been |
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suspended for a cause other than a physical or mental disability or |
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impairment or a conviction 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 justice [the county] court or [district] court |
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[with jurisdiction] in the precinct [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
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filing a verified petition only with the clerk of the county court
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or 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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[(c)] A petition filed under this section must set forth in |
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detail the person's essential need. |
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(c) [(d)
A petition filed under Subsection (b) must state
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that the petitioner was convicted in that court for an offense under
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the laws of this state.
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[(e)] The clerk of the court shall file the petition as in |
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any other [civil] matter. |
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(d) [(f)] A court may not grant an occupational license for |
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the operation of a commercial motor vehicle to which Chapter 522 |
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applies. |
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SECTION 2. Subchapter L, Chapter 521, Transportation Code, |
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is amended by adding Section 521.2441 to read as follows: |
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Sec. 521.2441. APPEAL. (a) The issuance or denial of an |
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occupational license may be appealed by: |
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(1) the person who files a petition under Section |
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521.242; or |
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(2) the state, through the office of the attorney |
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representing the state at a hearing under Section 521.244. |
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(b) An appeal under Subsection (a) is to a district court |
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having jurisdiction in the justice precinct in which the petition |
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was filed. The appeal shall be determined by the court by trial de |
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novo. |
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SECTION 3. The change in law made by this Act applies only |
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in connection with an occupational driver's license that is applied |
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for on or after the effective date of this Act. An occupational |
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driver's license that is applied for before the effective date of |
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this Act is covered by the law in effect on the date the petition |
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applying for the license was filed, and the former law is continued |
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in effect for that purpose. |
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SECTION 4. This Act takes effect September 1, 2009. |