81R711 JD-D
 
  By: Dutton H.B. No. 900
 
 
 
A BILL TO BE ENTITLED
 
AN ACT
  relating to authorizing a justice court to grant an occupational
  driver's license and providing for an appeal from the justice
  court.
         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 [district] court
  [with jurisdiction] in the precinct [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.  Subchapter L, Chapter 521, Transportation Code,
  is amended by adding Section 521.2441 to read as follows:
         Sec. 521.2441.  APPEAL. (a)  The issuance or denial of an
  occupational license may be appealed by:
               (1)  the person who files a petition under Section
  521.242; or
               (2)  the state, through the office of the attorney
  representing the state at a hearing under Section 521.244.
         (b)  An appeal under Subsection (a) is to a district court
  having jurisdiction in the justice precinct in which the petition
  was filed. The appeal shall be determined by the court by trial de
  novo.
         SECTION 3.  The change in law made by this Act applies only
  in connection with an occupational driver's license that is applied
  for on or after the effective date of this Act. An occupational
  driver's license that is applied for before the effective date of
  this Act is covered by the law in effect on the date the petition
  applying for the license was filed, and the former law is continued
  in effect for that purpose.
         SECTION 4.  This Act takes effect September 1, 2009.