A person may apply for an occupational driver's license by filing a verified petition with the proper court clerk, and the petition must include required details, evidence, and a certified driving record.
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 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) 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. Amended by: Acts 2023, 88th Leg., R.S., Ch. 386 (H.B. 291), Sec. 2, eff. September 1, 2023.