Advanced Texas Occupational Driver's License Law

Many judges and lawyers across Texas do not fully understand the Texas Occupational Driver's License laws. I have obtained hundreds of Ocupational Licenses in my Texas driver's license pracitce. Unfortunately for Texas, that has led to much conflicting information and results that depend more on the judge and jurisdiction than the law. Here are some of the most commonly misunderstood areas of the Texas Occupational License law.

Can someone without a Texas driver's license obtain an Occupational License?

Yes. There is no legal requirement that someone needs to have a Texas driver’s license. “License” is defined in Chapter 521 to include the privilege of obtaining a Texas driver’s license. 

However, if someone does not have a Texas driver's license, the Occupational License is not permission to drive. It is only permission to obtain a Texas driver's license. Only the right that was suspended will be restored with the Occupational License. And once the person applies for an obtains a Texas driver's license, it will automatically be subject to the same restrictions described in the Order for an Occupational License.

Can a judge deny a Petition for an Occupational License? 

Judges sometimes deny Petitions for Occupational Licenses, but there are actually very few reasons why a judge can do this under the new Occupational License law. In fact, for the vast majority of Occupational License petitions, the only decision for the judge to make is whether the person has an "essential need." And "essential need" is defined in the statute as "a need of a person for the operation of a motor vehicle" for work, education and household duties. TTC 521.241(1). There are not many Texas who do have "a need" to drive for work, school or household reasons. 

Texas judges are directed to sign the order "finding whether an essential need exists" unless the person is required to have an interlock as a condition of the occupational license. TTC 521.244. If the judge finds an essential need, then the judge is also supposed to determine the actual need of the petitioner to operate a motor vehicle and the require the petitioner to provide evidence of financial responsiblity. 

Let's take a closer look at eligiblity.

The law provides that everyone who has had their license suspended is eligible for an Occuppational License. However, people who:

• (1)  have had their license suspended for a conviction of a state crime and
• (2) who also have had more than one occupational license after a conviction in the ten years prior to filing

are prevented from filing in any court. See TTC 521.242. There may be one exception to this juridictional issue. People who have an active suspension for a drug conviction (or any conviction other than under Sections 49.04-49.08, Penal Code) may find jurisdiction under TTC 521.242(a)(1).

When is interlock required?

An interlock is required only for DWI conviction suspensions. There is no authority under the new Occupational License law for a judge to require an interlock for any other reason. 

What if the Petitioner's license is expired?

The Occupational License does not fix the license expiration problem. A person whose license is expired has, in addition to any license suspension, an expired license. So in order to obtain any driving privlege, the person must comply with the DPS requirements related to expired licenses. Obtaining an Occupational License allows a person to comply with these requirements. The Occupational License restores the right to obtain a driver's license in this case. So once the Occupational License is granted, the petitioner will then be able to go to DPS to take a driving test. DPS may require a special order auhtorizing the driving test, even though this is exactly the right that is conferred by the Occupational Lciense itself.