Texas § TN.521.244 - DETERMINATION OF ESSENTIAL NEED

§ TN.521.244. DETERMINATION OF ESSENTIAL NEED

DETERMINATION OF ESSENTIAL NEED; HEARING AND ORDER. (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: (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 Section 521.252 or 521.253 . (g) An order granting or denying an application for an occupational driver's license may not be appealed. Acts 1995, 74th Leg., ch. 165, Sec. 1, eff. Sept. 1, 1995. Amended by: 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.