Who can get an occupational license in Texas?
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TL;DR
The Transportation Code says a person is eligible to apply if the license was suspended, revoked or cancelled for a cause other than a physical or mental disability or impairment or a determination of incapacity to drive safely, which the statute gives as one eligibility condition. A judge may deny the petition in listed situations, including when the petitioner has been convicted of a listed Penal Code offense more than once in 10 years2 before the petition.
Who is eligible to apply for an occupational driver’s license in Texas?
The Texas Transportation Code says a person is eligible to apply for an occupational driver’s license if the license was suspended, revoked or cancelled for a cause other than a physical or mental disability or a determination of incapacity to drive safely.1 The eligibility conditions are set out in a numbered list in the statute, which begins:
A person is eligible to apply for an occupational driver's license if: (1) the person's license has been suspended, revoked, or canceled for a cause other than: (A) a physical or mental disability or impairment;
When can a Texas judge deny an occupational license petition?
| Situation | What the Transportation Code says |
|---|---|
| The petitioner cannot present evidence of financial responsibility | The judge may deny the petition.2 |
| The petitioner was convicted of a listed Penal Code offense | The judge may deny the petition if the petitioner has been convicted of a listed Penal Code offense more than once in 10 years2 before the date of the petition. |
When must a Texas judge hold a hearing on an occupational license petition?
The Transportation Code says the judge shall hold a hearing on the petition if the license was suspended, revoked or cancelled following a conviction for a Penal Code offense listed in the statute.2
What the sources do not state
The sources used on this page do not state how a judge decides a petition outside these listed grounds.
Next step
The Texas Legislature publishes the rules in the Transportation Code occupational license provisions. This site also has a filing lookup tool.
Related questions
- Can I ask for a hearing on a license suspension in Texas?
- Can I pay my Texas reinstatement fee in installments or at a license office?
- How do I apply for an occupational license in Texas?
- How do I check if my Texas license can be reinstated?
- How much is the license reinstatement fee in Texas?
- What can I drive for with an occupational license in Texas?
- What is the penalty for driving with an invalid license in Texas?
Receipts
- 1
Texas Legislature (Texas Constitution and Statutes)
Texas Transportation Code Sec. 521.242 (Eligibility)
Open sourceSee the data - 2
Texas Legislature (Texas Constitution and Statutes)
Texas Transportation Code Sec. 521.244 (Determination of Essential Need; Hearing and Order)
Open sourceSee the data