Bill Text: TX HB438 | 2013-2014 | 83rd Legislature | Enrolled

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Bill Title: Relating to the courts authorized to issue an occupational driver's license.

Spectrum: Partisan Bill (Democrat 2-0)

Status: (Passed) 2013-06-14 - Effective on 9/1/13 [HB438 Detail]

Download: Texas-2013-HB438-Enrolled.html

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H.B. No. 438

AN ACT
relating to the courts authorized to issue an occupational driver's
license.
BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
SECTION 1. Sections 521.242(a), (b), and (e),
Transportation Code, are amended to read as follows:
(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 a justice, [the] county, [court] or district court with
jurisdiction that includes [in] the precinct or 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.
(e) The clerk of the court shall file the petition as in any
other [civil] matter.
SECTION 2. The change in law made by this Act applies only
to an occupational driver's license that is applied for on or after
the effective date of this Act. An occupational driver's license
applied for before the effective date of this Act is covered by the
law in effect on the date the application was filed, and the former
law is continued in effect for that purpose.
SECTION 3. This Act takes effect September 1, 2013.
______________________________ ______________________________
President of the Senate Speaker of the House
I certify that H.B. No. 438 was passed by the House on May 2,
2013, by the following vote: Yeas 144, Nays 3, 2 present, not
voting.
______________________________
Chief Clerk of the House
I certify that H.B. No. 438 was passed by the Senate on May
22, 2013, by the following vote: Yeas 31, Nays 0.
______________________________
Secretary of the Senate
APPROVED: _____________________
Date
_____________________
Governor