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;

Texas Legislature (Texas Constitution and Statutes)1

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.

Receipts

  1. 1

    Texas Legislature (Texas Constitution and Statutes)

    Texas Transportation Code Sec. 521.242 (Eligibility)

    verified

    Open sourceSee the data
  2. 2

    Texas Legislature (Texas Constitution and Statutes)

    Texas Transportation Code Sec. 521.244 (Determination of Essential Need; Hearing and Order)

    verified

    Open sourceSee the data