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Current as of January 01, 2024 | Updated by FindLaw Staff
(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 county in which:
(1) the person resides; or
(2) the incident 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 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 .
(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) A petition filed under this section must:
(1) set forth in detail the petitioner'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.
(f) 1If 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.
Cite this article: FindLaw.com - Texas Transportation Code - TRANSP § 521.2421. Petition - last updated January 01, 2024 | https://codes.findlaw.com/tx/transportation-code/transp-sect-521-2421/
FindLaw Codes may not reflect the most recent version of the law in your jurisdiction. Please verify the status of the code you are researching with the state legislature or via Westlaw before relying on it for your legal needs.
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