(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.

Terms Used In Texas Transportation Code 521.2421

  • Conviction: A judgement of guilt against a criminal defendant.
  • Dismissal: The dropping of a case by the judge without further consideration or hearing. Source:
  • 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.
  • Jurisdiction: (1) The legal authority of a court to hear and decide a case. Concurrent jurisdiction exists when two courts have simultaneous responsibility for the same case. (2) The geographic area over which the court has authority to decide cases.
  • Justice: when applied to a magistrate, means justice of the peace. See Texas Government Code 312.011
  • 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
  • Written: includes any representation of words, letters, symbols, or figures. See Texas Government Code 311.005

(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.

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