Texas Transportation Code
§ 521.244 — DETERMINATION OF ESSENTIAL NEED; HEARING AND ORDER
TN § 521.244Title 7. VEHICLES AND TRAFFIC · Part B. DRIVER'S LICENSES AND PERSONAL IDENTIFICATION CARDS · Ch. 521. DRIVER'S LICENSES AND CERTIFICATES · Art. L. OCCUPATIONAL DRIVER'S LICENSE
Statute text
View on source(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.
(d)Except as provided by Section 521.243(c), 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:
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Legislative history
Acts 2015, 84th Leg., R.S., Ch. 1067 (H.B. 2246), Sec. 5, eff. September 1, 2015. Acts 2023, 88th Leg., R.S., Ch. 386 (H.B. 291), Sec. 2, eff. September 1, 2023.