Bill Text: TX HB291 | 2023-2024 | 88th Legislature | Enrolled

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Bill Title: Relating to occupational driver's licenses and to the renewal of driver's licenses.

Spectrum: Partisan Bill (Republican 2-0)

Status: (Passed) 2023-06-09 - Effective on 9/1/23 [HB291 Detail]

Download: Texas-2023-HB291-Enrolled.html

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H.B. No. 291

AN ACT
relating to occupational driver's licenses and to the renewal of
driver's licenses.
BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
SECTION 1. Section 521.001(a)(3), Transportation Code, is
amended to read as follows:
(3) "Driver's license" means an authorization issued
by the department for the operation of a motor vehicle. The term
includes:
(A) a temporary license or learner license; and
(B) an occupational driver's license.
SECTION 2. Subchapter L, Chapter 521, Transportation Code,
is amended to read as follows:
SUBCHAPTER L. OCCUPATIONAL DRIVER'S LICENSE
Sec. 521.241. DEFINITIONS. In this subchapter:
(1) "Essential need" means a need of a person to
operate [for the operation of] a motor vehicle:
(A) in the performance of an occupation or trade
or for transportation to and from the place at which the person
practices the person's occupation or trade;
(B) in the pursuit of an occupation or trade;
(C) for transportation to and from an educational
facility in which the person is enrolled; or
(D) [(C)] in the performance of essential
household duties.
(2) "Ignition interlock device" means a device that
uses a deep-lung breath analysis mechanism to make impractical the
operation of a motor vehicle if ethyl alcohol is detected in the
breath of the operator of the vehicle.
(3) "Offense relating to the operating of a motor
vehicle while intoxicated" has the meaning assigned by Section
49.09, Penal Code.
Sec. 521.242. ELIGIBILITY [PETITION]. (a) A person is
eligible to apply for an occupational driver's license if:
(1) the person's [whose] license has been suspended,
revoked, or canceled for a cause other than:
(A) a physical or mental disability or
impairment; or
(B) a determination by the department under
Section 521.294 that the person is incapable of safely operating a
motor vehicle;
(2) the person does not hold a driver's license and is
ineligible to obtain a driver's license because of a suspension
order, including an order due to a conviction or an order under
Chapter 524 or 724; or
(3) the person is ineligible to obtain a driver's
license because the person holds a driver's license issued by
another state or country that was suspended, revoked, or canceled
for a cause other than a physical or mental disability or
impairment. [conviction of an offense under Sections 49.04-49.08,
Penal Code]
(b) An occupational driver's license does not authorize a
person to operate a commercial motor vehicle to which Chapter 522
applies.
Sec. 521.2421. PETITION. (a) Except as provided by
Subsections (b) and (c), a person may apply for an occupational
driver's license by filing a verified petition with the clerk of a
justice, county, or district court with jurisdiction that includes
the [precinct or] county in which:
(1) the person resides; or
(2) the incident [offense] occurred for which the
license was suspended, revoked, or canceled.
(b) If a person's license has been automatically suspended,
revoked, or canceled due to a conviction of an offense as provided
by Subchapter O or P, the [A] person may apply for an occupational
driver's license by filing a verified petition only with the clerk
of the 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) If a person's license is suspended, revoked, or canceled
due to a court order submitted to the department by a district,
county, or justice court, the person may apply for an occupational
driver's license by filing a verified petition with a court
described by Subsection (a) or the court that issued the order.
(d) [(c)] A petition filed under this section must:
(1) set forth in detail the petitioner's [person's]
essential need, including a description of the hours and location
of essential travel;
(2) describe the reason for the petitioner's license
suspension, revocation, or cancellation;
(3) provide evidence of the petitioner's financial
responsibility in accordance with Chapter 601; and
(4) include a certified abstract of the petitioner's
complete driving record.
[(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 matter.]
(f) If a court lacks jurisdiction over a petition filed
under this section, the court shall dismiss the application. The
court may hold a hearing to determine if the court has jurisdiction
over the petition. If the petition is dismissed, the petitioner may
submit a written request for the petition to be reinstated within 14
days of the dismissal, stating the reason the court has
jurisdiction over the petition.
Sec. 521.2422. COURT COSTS. (a) A petitioner must pay the
filing fee the court charges for filing a civil action or file a
statement of inability to afford payment of court costs under the
Texas Rules of Civil Procedure. If a petition is dismissed under
Section 521.2421(f), the court shall refund any filing fee paid by
the petitioner under this subsection.
(b) If a petitioner files a statement of inability to afford
payment of court costs, the court may hold a hearing to determine
the person's ability to afford the payment of the filing fee. The
hearing may be held at the time the statement of inability to afford
payment of court costs is filed or at the time of the hearing to
determine the petitioner's essential need. If the court determines
the petitioner is able to afford the payment of the filing fee, the
court may not grant an occupational driver's license to the
petitioner until the petitioner pays the fee.
Sec. 521.2423. FORMS. A court shall make the forms required
for petitioning for an occupational driver's license and for the
statement of inability to afford payment of court costs available
at no cost.
Sec. 521.2424. COMMERCIAL MOTOR VEHICLES. A court may not
grant an occupational driver's license for the operation of a
commercial motor vehicle to which Chapter 522 applies. This
section does not prevent a person who has been issued a commercial
driver's license from obtaining an occupational driver's license
for the operation of a noncommercial motor vehicle.
Sec. 521.243. NOTICE TO STATE; PRESENTATION OF EVIDENCE.
(a) Unless the petition is dismissed under Section 521.2421(f),
the [The] clerk of the court shall send by certified mail to the
attorney representing the state a copy of the petition and notice of
the hearing if the petitioner's license was suspended, revoked, or
canceled following a conviction for:
(1) an offense under Section 19.05 or Sections
49.04-49.08, Penal Code; or
(2) an offense to which Section 521.342 applies.
(b) The court may notify the attorney representing the state
of any other hearing on a petition for an occupational driver's
license.
(c) A person who receives notice [a copy of a petition]
under Subsection (a) or (b) may attend the hearing and may present
evidence at the hearing for or against granting the petition.
Sec. 521.244. [HEARING; ORDER;] DETERMINATION OF ESSENTIAL
NEED; HEARING AND ORDER. (a) The judge shall hold a hearing on the
petition if the petitioner's license was suspended, revoked, or
canceled following a conviction for:
(1) an offense under Section 19.05 or Sections
49.04-49.08, Penal Code; or
(2) an offense to which Section 521.342 applies.
(a-1) If the petitioner's license was suspended, revoked,
or canceled for a reason other than a reason described by Subsection
(a), the judge may hold a hearing on the petition or may make a
determination of essential need based on the petition [The judge
who hears the petition shall sign an order finding whether an
essential need exists].
[(b) In determining whether an essential need exists, the
judge shall consider:
[(1) the petitioner's driving record; and
[(2) any evidence presented by a person under Section
521.243(b).
[(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.]
(d) Except as provided by Section 521.243(c) [521.243(b)],
the hearing on the petition may be ex parte. The hearing may be held
using electronic or telephonic means.
(e) Subject to Subsection (f), if the judge determines the
person is eligible for an occupational driver's license and has an
essential need, the judge shall enter an order granting the
petition. If the judge determines the person is ineligible for an
occupational driver's license or does not have an essential need,
the judge shall enter an order denying the petition.
(f) The judge may enter an order denying the petition based
on evidence presented at a hearing by the attorney representing the
state. The judge may also enter an order denying the petition if
the petitioner:
(1) is unable to present evidence of financial
responsibility under Chapter 601;
(2) has been convicted more than once in the 10 years
preceding the date of the petition of an offense to which Sections
49.04-49.08, Penal Code, apply; or
(3) is subject to a revocation order under Section
521.252 or 521.253 [A person convicted of an offense under Sections
49.04-49.08, Penal Code, who is restricted to the operation of a
motor vehicle equipped with an ignition interlock device is
entitled to receive an occupational license without a finding that
an essential need exists for that person, provided that the person
shows:
[(1) evidence of financial responsibility under
Chapter 601; and
[(2) proof the person has had an ignition interlock
device installed on each motor vehicle owned or operated by the
person].
(g) An order granting or denying an application for an
occupational driver's license may not be appealed.
Sec. 521.245. REQUIRED ALCOHOL DEPENDENCE COUNSELING. (a)
If the petitioner's license has been suspended under Chapter 524 or
724, or as the result of a conviction for an offense relating to the
operating of a motor vehicle while intoxicated, the court shall
require the petitioner to attend a program approved by the court
that is designed to provide counseling and rehabilitation services
to persons for alcohol dependence. The court may waive the
requirement on a showing of good cause [This requirement shall be
stated in the order granting the occupational license].
(b) The program required under Subsection (a) may not be the
program provided by Section 521.344 or by Article 42A.403 or
42A.404, Code of Criminal Procedure.
(c) The court may require the person to report periodically
to the court to verify that the person is attending the required
program.
(d) On finding that the person is not attending the program
as required, the court may:
(1) revoke the order granting the occupational
driver's license, as provided by Section 521.252; or
(2) if the person is not currently restricted to the
operation of a motor vehicle with an ignition interlock device
installed, modify the order to include that restriction, as
provided by Section 521.246. [The court shall send a certified copy
of the order revoking the license to the department.
[(e) On receipt of the copy under Subsection (d), the
department shall suspend the person's occupational license for:
[(1) 60 days, if the original driver's license
suspension was under Chapter 524; or
[(2) 120 days, if the original driver's license
suspension was under Chapter 724.
[(f) A suspension under Subsection (e):
[(1) takes effect on the date on which the court signs
the order revoking the occupational license; and
[(2) is cumulative of the original suspension.
[(g) A person is not eligible for an occupational license
during a period of suspension under Subsection (e).]
Sec. 521.246. IGNITION INTERLOCK DEVICE REQUIREMENT. (a)
Subject to Subsection (b-1), the [If the person's license has been
suspended after a conviction of an offense under Sections
49.04-49.08, Penal Code, the] judge shall restrict the person to
the operation of a motor vehicle equipped with an ignition
interlock device if:
(1) the person is currently under an order restricting
the person to the operation of a motor vehicle equipped with an
ignition interlock device, including an order imposed as a
condition of bond; or
(2) the person's license has been suspended, revoked,
or canceled after a conviction for an offense under Sections
49.04-49.08, Penal Code.
(b) On a finding of good cause, the judge may restrict the
person to the operation of a motor vehicle equipped with an ignition
interlock device in a case not described by Subsection (a).
(b-1) The court may waive the ignition interlock device
requirement under Subsection (a) if the court finds the requirement
is not necessary for the safety of the community and the waiver is
in the best interest of justice.
(c) The person shall obtain the ignition interlock device at
the person's own expense unless the court finds that to do so is not
in the best interest of justice and enters that finding in the
record. If the court determines that the person is unable to pay
for the device, the court may impose a reasonable payment schedule
for a term not to exceed twice the period of the court's order.
(d) The court shall order the ignition interlock device to
remain installed for the duration of the period of suspension,
unless the court finds:
(1) good cause for the removal of the device; and
(2) the device is not necessary for the safety of the
community.
(e) A person to whom this section applies may operate a
motor vehicle without the installation of an approved ignition
interlock device if:
(1) the person is required to operate a motor vehicle
in the course and scope of the person's employment;
(2) the vehicle is owned by the person's employer;
(3) the employer is not owned or controlled by the
person whose driving privilege is restricted;
(4) the employer is notified of the driving privilege
restriction; and
(5) proof of that notification is with the vehicle.
[(f) A previous conviction may not be used for purposes of
restricting a person to the operation of a motor vehicle equipped
with an interlock ignition device under this section if:
[(1) the previous conviction was a final conviction
for an offense under Sections 49.04-49.08, Penal Code, and was for
an offense committed more than 10 years before the instant offense
for which the person was convicted; and
[(2) the person has not been convicted of an offense
under Sections 49.04-49.08 of that code committed within 10 years
before the date on which the instant offense for which the person
was convicted.]
Sec. 521.2461. TESTING FOR ALCOHOL OR CONTROLLED
SUBSTANCES. The court granting an occupational driver's license
under this subchapter may require as a condition of the license that
the person submit to periodic testing for alcohol or controlled
substances, to be conducted by an entity specified by the court, if
the person's license has been suspended, revoked, or canceled under
Chapter 524 or 724 or as a result of the person's conviction for
[of] an offense relating to the operating [involving the operation]
of a motor vehicle while intoxicated.
Sec. 521.2462. SUPERVISION OF PERSON ISSUED OCCUPATIONAL
DRIVER'S LICENSE. (a) The court granting an occupational driver's
license under this subchapter may order the person receiving the
license to submit to supervision for the purpose of verifying the
person's compliance with the conditions specified by the order
granting the license, including [the] conditions specified in
accordance with Section 521.248.
(a-1) The court may order the supervision of the person to
be conducted by:
(1) the local community supervision and corrections
department; or
(2) a personal bond office established under Article
17.42, Code of Criminal Procedure.
(a-2) If the court orders the person's supervision to be
conducted by the local community supervision and corrections
department, the court shall order the person to pay a monthly
administrative fee under Section 76.015, Government Code.
(a-3) If the court orders the person's supervision to be
conducted by a personal bond office, the office may collect from the
person a reasonable administrative fee of not less than $25 and not
more than $60 per month.
(b) The court may order the supervision to continue until
the end of the period of suspension, revocation, or cancellation of
the person's driver's license, including any extensions of that
period.
(c) The court for good cause may modify or terminate
supervision before the end of the period of license suspension,
revocation, or cancellation.
Sec. 521.2465. RESTRICTED LICENSE. (a) On receipt of
notice that a person has been restricted to the use of a motor
vehicle equipped with an ignition interlock device, the department
shall notify that person that the person's driver's license expires
on the 30th day after the date of the notice. On application by the
person and payment of a fee of $10, the department shall issue a
special restricted license that conspicuously indicates that the
person is authorized to operate only a motor vehicle equipped with
an ignition interlock device.
(a-1) The notice provided to the person by the department
under Subsection (a) may be provided by:
(1) first class mail; or
(2) e-mail if the person has provided an e-mail
address to the department and has elected to receive notice
electronically.
(b) On receipt of a copy of a court order removing the
restriction or at the end of the period of suspension, as
applicable, the department shall issue the person a driver's
license without the restriction.
Sec. 521.247. APPROVAL OF IGNITION INTERLOCK DEVICES BY
DEPARTMENT. (a) The department shall adopt rules for the approval
of ignition interlock devices used under this subchapter.
(b) The department by rule shall establish general
standards for the calibration and maintenance of the devices. The
manufacturer or an authorized representative of the manufacturer is
responsible for calibrating and maintaining the device.
(c) If the department approves a device, the department
shall notify the manufacturer of that approval in writing. Written
notice from the department to a manufacturer is admissible in a
civil or criminal proceeding in this state. The manufacturer shall
reimburse the department for any cost incurred by the department in
approving the device.
(d) The department is not liable in a civil or criminal
proceeding that arises from the use of an approved device.
Sec. 521.2475. IGNITION INTERLOCK DEVICE EVALUATION. (a)
On January 1 of each year, the department shall issue an evaluation
of each ignition interlock device approved under Section 521.247
using guidelines established by the National Highway Traffic Safety
Administration, including:
(1) whether the device provides accurate detection of
alveolar air;
(2) the moving retest abilities of the device;
(3) the use of tamper-proof blood alcohol content
level software by the device;
(4) the anticircumvention design of the device;
(5) the recalibration requirements of the device; and
(6) the breath action required by the operator.
(b) The department shall assess the cost of preparing the
evaluation equally against each manufacturer of an approved device.
Sec. 521.2476. MINIMUM STANDARDS FOR VENDORS OF IGNITION
INTERLOCK DEVICES. (a) The department by rule shall establish:
(1) minimum standards for vendors of ignition
interlock devices who conduct business in this state; and
(2) procedures to ensure compliance with those
standards, including procedures for the inspection of a vendor's
facilities.
(b) The minimum standards shall require each vendor to:
(1) be authorized by the department to do business in
this state;
(2) install a device only if the device is approved
under Section 521.247;
(3) obtain liability insurance providing coverage for
damages arising out of the operation or use of devices in amounts
and under the terms specified by the department;
(4) install the device and activate any
anticircumvention feature of the device within a reasonable time
after the vendor receives notice that installation is ordered by a
court;
(5) install and inspect the device in accordance with
any applicable court order;
(6) repair or replace a device not later than 48 hours
after receiving notice of a complaint regarding the operation of
the device;
(7) submit a written report of any violation of a court
order to that court and to the person's supervising officer, if any,
not later than 48 hours after the vendor discovers the violation;
(8) maintain a record of each action taken by the
vendor with respect to each device installed by the vendor,
including each action taken as a result of an attempt to circumvent
the device, until at least the fifth anniversary after the date of
installation;
(9) make a copy of the record available for inspection
by or send a copy of the record to any court, supervising officer,
or the department on request; and
(10) annually provide to the department a written
report of each service and ignition interlock device feature made
available by the vendor.
(c) The department may revoke the department's
authorization for a vendor to do business in this state if the
vendor or an officer or employee of the vendor violates:
(1) any law of this state that applies to the vendor;
or
(2) any rule adopted by the department under this
section or another law that applies to the vendor.
(d) A vendor shall reimburse the department for the
reasonable cost of conducting each inspection of the vendor's
facilities under this section.
[(e) In this section, "offense relating to the operating of
a motor vehicle while intoxicated" has the meaning assigned by
Section 49.09, Penal Code.]
Sec. 521.248. ORDER GRANTING LICENSE [REQUIREMENTS]. (a)
An order granting an occupational driver's 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;
(3) areas or routes of travel permitted;
(4) that the person may not operate a commercial motor
vehicle;
(5) that the person is restricted to the operation of a
motor vehicle equipped with an ignition interlock device, if
applicable; [and]
(6) [(5)] that the person must submit to periodic
testing for alcohol or controlled substances, if applicable;
(7) that the person is required to attend alcohol
dependence counseling, if applicable; and
(8) that the person is required to submit to
supervision to ensure compliance with conditions of the order, if
applicable.
(b) The person may not operate a motor vehicle for more than
four hours in any 24-hour period, except that on a showing of
necessity the court may allow the person to drive for any period
determined by the court that does not exceed 12 hours in any 24-hour
period.
(c) An order granting an occupational driver's license
remains valid until the end of the period of suspension,
revocation, or cancellation of the person's regular driver's
license.
(d) A person who is restricted to the operation of a motor
vehicle equipped with an ignition interlock device may not be
subject to any time of travel, reason for travel, or location of
travel restrictions described by Subsection (a)(1), (2), or (3) or
(b).
(e) An order granting an occupational driver's license may
require the person to keep a travel log showing the date, time, and
location of travel. The court may require the person to show the
travel log to demonstrate compliance with the conditions of the
order.
(f) The court shall give a copy of the order to the person
and inform the person that they must comply with any requirements
of the department for the issuance of an occupational driver's
license.
(g) An order issued under this section may be modified at
any time by the court without a hearing or payment of a filing fee.
The issuance date of the order is not changed by a modification. If
the order is modified, the court shall deliver a certified copy to
the person and to the department.
Sec. 521.249. NOTICE TO DEPARTMENT; ISSUANCE OF
OCCUPATIONAL DRIVER'S LICENSE. (a) The court shall send a
certified copy of the petition and the court order setting out the
judge's findings and restrictions to the department. The person
may use a copy of the order as a restricted license until the 45th
day after the date on which the order takes effect.
(a-1) It is an affirmative defense to prosecution under
Sections 521.025 and 521.457 that the person has applied for and
complied with the department's requirements for the issuance of an
occupational driver's license on or before the 10th day after the
issuance of the court order but has not been issued the license.
(b) On receipt of the copy under this section and after
compliance with Chapter 601, the department shall issue an
occupational driver's license to the person. The license must
refer on its face to the court order.
Sec. 521.250. COURT ORDER IN OPERATOR'S POSSESSION. A
person who is issued an occupational driver's license shall have in
the person's possession a certified copy of the court order
granting the license while operating a motor vehicle. The person
shall allow a peace officer to examine the order on request.
[Sec. 521.251. EFFECTIVE DATE OF OCCUPATIONAL LICENSE. (a)
If a person's license is suspended under Chapter 524 or 724 and the
person has not had a prior suspension arising from an
alcohol-related or drug-related enforcement contact in the five
years preceding the date of the person's arrest, an order under this
subchapter granting the person an occupational license takes effect
immediately. However, the court shall order the person to comply
with the counseling and rehabilitation program required under
Section 521.245.
[(b) If the person's driver's license has been suspended as
a result of an alcohol-related or drug-related enforcement contact
during the five years preceding the date of the person's arrest, the
order may not take effect before the 91st day after the effective
date of the suspension.
[(c) If the person's driver's license has been suspended as
a result of a conviction of an offense under Sections 49.04-49.08,
Penal Code, during the five years preceding the date of the person's
arrest, the order may not take effect before the 181st day after the
effective date of the suspension.
[(d) Notwithstanding any other provision in this section,
if the person's driver's license has been suspended as a result of a
second or subsequent conviction under Sections 49.04-49.08, Penal
Code, committed within five years of the date on which the most
recent preceding offense was committed, an order granting the
person an occupational license may not take effect before the first
anniversary of the effective date of the suspension.
[(d-1) Notwithstanding Subsections (b), (c), and (d), the
court may issue an occupational license to a person if the person
submits proof the person has an ignition interlock device installed
on each motor vehicle owned or operated by the person. If a person
issued an occupational license under this subsection fails to
maintain an installed ignition interlock device on each motor
vehicle owned or operated by the person, the court shall revoke the
occupational license under Section 521.252 and reinstate the
suspension of the person's driver's license. A person granted an
occupational license under this subsection may not be ordered,
under Section 521.2462, to submit to the supervision of the local
community supervision and corrections department or a personal bond
office established under Article 17.42, Code of Criminal Procedure,
unless the order is entered by a court of record.
[(e) For the purposes of this section, "alcohol-related or
drug-related enforcement contact" has the meaning assigned by
Section 524.001.]
Sec. 521.252. LICENSE REVOCATION. (a) The court that signs
an order granting an occupational driver's license may, at any
time, issue [at any time] an order revoking the license for good
cause.
(b) The court that signed an order granting an occupational
driver's license shall issue an order revoking the license if the
person is restricted to the operation of a motor vehicle equipped
with an ignition interlock device and operates a vehicle that is not
equipped with an ignition interlock device, unless authorized to
operate the vehicle under Section 521.246(e).
(c) The court shall send a certified copy of the order to the
person and to the department.
Sec. 521.253. CRIMINAL OFFENSE; PENALTY. (a) A person who
holds an occupational driver's license commits an offense if the
person:
(1) operates a motor vehicle in violation of a
restriction imposed on the license; or
(2) fails to have in the person's possession a
certified copy of the court order as required under Section
521.250.
(b) An offense under this section is a Class B misdemeanor.
(c) On conviction of an offense under this section, the
convicting court shall:
(1) issue an order revoking the occupational driver's
license; and
(2) deliver the revocation order to the person, the
court that issued the order granting the occupational driver's
license, and the department [and the order granting that license
are revoked].
SECTION 3. Section 521.320(e), Transportation Code, is
amended to read as follows:
(e) A person whose license is suspended under Subsection (a)
remains eligible to receive an occupational driver's license under
Subchapter L.
SECTION 4. Section 521.342(c), Transportation Code, is
amended to read as follows:
(c) A person whose license is suspended under Subsection (a)
remains eligible to receive an occupational driver's license under
Subchapter L. Suspension under Subsection (a) is not a suspension
for physical or mental disability or impairment for purposes of
eligibility to apply for an occupational driver's license under
Subchapter L.
SECTION 5. Section 521.350(c), Transportation Code, is
amended to read as follows:
(c) A person whose license is suspended under Subsection (a)
remains eligible to receive an occupational driver's license under
Subchapter L, except that an occupational driver's license issued
to a person younger than 18 years of age whose license is suspended
under this section may permit the operation of a motor vehicle only
for transportation to and from an educational facility in which the
person is enrolled and the place where the person resides.
SECTION 6. Section 521.377(b), Transportation Code, is
amended to read as follows:
(b) A person whose license is suspended under Section
521.372 remains eligible to receive an occupational driver's
license under Subchapter L. Suspension under Section 521.372 is
not a suspension for physical or mental disability or impairment
for purposes of eligibility to apply for an occupational driver's
license under Subchapter L.
SECTION 7. Section 521.421(d), Transportation Code, is
amended to read as follows:
(d) The fee for issuance or renewal of an occupational
driver's license is $10.
SECTION 8. Section 601.332, Transportation Code, is amended
by adding Subsection (c) to read as follows:
(c) A person whose license is suspended under Subsection (a)
is eligible for an occupational driver's license under Subchapter
L, Chapter 521.
SECTION 9. Section 706.005(a), Transportation Code, is
amended to read as follows:
(a) A political subdivision shall immediately notify the
department that there is no cause to continue to deny renewal of a
person's driver's license based on the person's previous failure to
appear or failure to pay or satisfy a judgment ordering the payment
of a fine and cost in the manner ordered by the court in a matter
involving an offense described by Section 706.002(a), on payment of
a reimbursement fee, or on a finding by the court that the person is
indigent and not required to pay a reimbursement fee, as provided by
Section 706.006 and:
(1) the perfection of an appeal of the case for which
the warrant of arrest was issued or judgment arose;
(2) the dismissal of the charge for which the warrant
of arrest was issued or judgment arose, other than a dismissal with
prejudice by motion of the appropriate prosecuting attorney for
lack of evidence;
(3) the posting of bond or the giving of other security
to reinstate the charge for which the warrant was issued;
(4) the payment or discharge of the fine and cost owed
on an outstanding judgment of the court; or
(5) other suitable arrangement to satisfy [pay] the
fine and cost within the court's discretion.
SECTION 10. Section 54.042(e), Family Code, is amended to
read as follows:
(e) A child whose driver's license or permit has been
suspended or denied pursuant to this section may, if the child is
otherwise eligible for, and fulfills the requirements for issuance
of, a provisional driver's license or permit under Chapter 521,
Transportation Code, apply for and receive an occupational driver's
license in accordance with the provisions of Subchapter L of that
chapter.
SECTION 11. Section 75.014(e), Government Code, is amended
to read as follows:
(e) The County Courts at Law No. 6 and No. 7 of El Paso
County, Texas, are designated as criminal misdemeanor courts.
Courts designated as criminal misdemeanor courts shall give
preference to and have primary responsibility for:
(1) criminal misdemeanor cases;
(2) appeals or petitions under Section 501.052,
521.2421 [521.242], 521.302, or 524.041, Transportation Code;
(3) misdemeanor bail bond and personal bond forfeiture
cases; and
(4) appeals de novo from the municipal and justice
courts.
SECTION 12. Section 123.009, Government Code, is amended to
read as follows:
Sec. 123.009. OCCUPATIONAL DRIVER'S LICENSE.
Notwithstanding Section 521.2421 [521.242], Transportation Code,
if a participant's driver's license has been suspended as a result
of an alcohol-related or drug-related enforcement contact, as
defined by Section 524.001, Transportation Code, or as a result of a
conviction under Section 49.04, 49.07, or 49.08, Penal Code, the
judge or magistrate administering a drug court program under this
chapter may order that an occupational driver's license be issued
to the participant. An order issued under this section is subject
to Sections 521.248, 521.249, 521.250, 521.252, and 521.253
[521.248-521.252], Transportation Code, except that any reference
to a petition under Section 521.2421 [521.242] of that code does not
apply.
SECTION 13. Section 524.022(d), Transportation Code, is
repealed.
SECTION 14. This Act takes effect September 1, 2023.
______________________________ ______________________________
President of the Senate Speaker of the House
I certify that H.B. No. 291 was passed by the House on April
20, 2023, by the following vote: Yeas 142, Nays 4, 2 present, not
voting.
______________________________
Chief Clerk of the House
I certify that H.B. No. 291 was passed by the Senate on May
19, 2023, by the following vote: Yeas 31, Nays 0.
______________________________
Secretary of the Senate
APPROVED: _____________________
Date
_____________________
Governor