Texas Transportation Code 521.244 – Determination of Essential Need; Hearing and Order
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(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 § 19.05 or Sections 49.04-49.08, Penal Code; or
(2) an offense to which § 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.
Terms Used In Texas Transportation Code 521.244
- Conviction: A judgement of guilt against a criminal defendant.
- Evidence: Information presented in testimony or in documents that is used to persuade the fact finder (judge or jury) to decide the case for one side or the other.
- Person: includes corporation, organization, government or governmental subdivision or agency, business trust, estate, trust, partnership, association, and any other legal entity. See Texas Government Code 311.005
(d) Except as provided by § 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:
(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 § 521.252 or 521.253.
(g) An order granting or denying an application for an occupational driver’s license may not be appealed.