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By: Dutton (Senate Sponsor - Ellis) |
H.B. No. 438 |
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(In the Senate - Received from the House May 6, 2013; |
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May 7, 2013, read first time and referred to Committee on |
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Transportation; May 17, 2013, reported favorably by the following |
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vote: Yeas 8, Nays 0; May 17, 2013, sent to printer.) |
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A BILL TO BE ENTITLED
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AN ACT
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relating to the courts authorized to issue an occupational driver's |
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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), (b), and (e), |
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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 or a |
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conviction under Section 49.04, Penal Code, may apply for an |
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occupational license by filing a verified petition with the clerk |
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of a justice, [the] county, [court] or district court with |
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jurisdiction that includes [in] the precinct or 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 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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(e) The clerk of the court shall file the petition as in any |
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other [civil] matter. |
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SECTION 2. 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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the effective date of this Act. An occupational driver's license |
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applied for before the effective date of this Act is covered by the |
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law in effect on the date the application was filed, and the former |
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law is continued in effect for that purpose. |
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SECTION 3. This Act takes effect September 1, 2013. |
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* * * * * |