Sec. 521.244. HEARING; ORDER; DETERMINATION OF ESSENTIAL NEED. (a) The judge who hears the petition shall sign an order finding whether an essential need exists.
(b) In determining whether an essential need exists, the judge shall consider:
(1) the petitioner's driving record; and
(2) any evidence presented by a person under Section 521.243(b).
(c) If the judge finds that there is an essential need, the judge also, as part of the order, shall:
(1) determine the actual need of the petitioner to operate a motor vehicle; and
(2) require the petitioner to provide evidence of financial responsibility in accordance with Chapter 601.
(d) Except as provided by Section 521.243(b), the hearing on the petition may be ex parte.
(e) A person convicted of an offense under Sections 49.04-49.08, Penal Code, who is restricted to the operation of a motor vehicle equipped with an ignition interlock device is entitled to receive an occupational license without a finding that an essential need exists for that person, provided that the person shows:
(1) evidence of financial responsibility under Chapter 601; and
(2) proof the person has had an ignition interlock device installed on each motor vehicle owned or operated by the person.
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.
Structure Texas Statutes
Title 7 - Vehicles and Traffic
Subtitle B - Driver's Licenses and Personal Identification Cards
Chapter 521 - Driver's Licenses and Certificates
Subchapter L. Occupational License
Section 521.243. Notice to State; Presentation of Evidence
Section 521.244. Hearing; Order; Determination of Essential Need
Section 521.245. Required Counseling
Section 521.246. Ignition Interlock Device Requirement
Section 521.2461. Testing for Alcohol or Controlled Substances
Section 521.2462. Supervision of Person Issued Occupational Driver's License
Section 521.2465. Restricted License
Section 521.247. Approval of Ignition Interlock Devices by Department
Section 521.2475. Ignition Interlock Device Evaluation
Section 521.2476. Minimum Standards for Vendors of Ignition Interlock Devices
Section 521.248. Order Requirements
Section 521.249. Notice to Department; Issuance of Occupational License
Section 521.250. Court Order in Operator's Possession
Section 521.251. Effective Date of Occupational License