An occupational license is a restricted license that is ordered by a court and issued by the Texas Department of Public Safety (DPS). In order to file an occupational license, you must prepare certain documents, provide proof of liability insurance, pay filing fees, pay reinstatement fees to DPS, and pay for the issuance of the license. The occupational license is ordered by a court with the jurisdiction to hear the petition. Here are the basic steps regarding filing an occupational license:
- Determine which court has jurisdiction to hear the case. Generally, the person files in the county where he/she resides or where the offense occurred if the suspension arose for any reason other than a DWI or mental or physical disability. If the person’s license has been automatically suspended because of a conviction for an offense under the laws of Texas and the person has no more than one occupational license in the 10 years preceding the date of the current petition, the occupational license must be filed in the court where the conviction occurred.
- File a verified petition. Verified means that the person for whom the petition applies has sworn that the information contained in the petition is true and correct. The petition is notarized to verify the signature of the petitioner.
- Attach proof of SR-22 insurance to the petition at the time of filing. SR-22 insurance is verified insurance which meets all the requirements of liability coverage under the law.
- Depending on the court, provide a complete driving history with the petition.
- Pay the applicable filing fees to the court. Be sure to verify type of payment accepted by the court. Also, verify the number of copies that will be necessary to file with the court.
- If required, set a court date for the judge to hear the petition. Unless you have been practicing law for many years, a hearing will likely be necessary for the judge to review your petition and verify your needs. Also, the judge will determine if any conditions must be applied to the order granting the issuance of the occupational license.
- After the judge hears the case and grants the petition, the clerk of the court will certify the copies. One copy will be provided to the petitioner to use as a temporary license for 31 days until DPS issues the hard occupational license.
- If the court clerk does not do so, you must sent a certified copy of the petition to DPS along with any reinstatement fees and the appropriate occupational license fee. We strongly recommend using DPS’s website to pay the reinstatement fees. For everything else that must be mailed, use certified mail with return receipt requested.
- You MUST carry the certified copy of the order and petition with you when you drive. Failure to do so may result in your arrest, revocation of your occupational license, and additional criminal charges brought against you for failure to keep the occupational license with you when you drive.
- Make sure to comply with each and every condition and term of the occupational license for the duration of the license.
Sound easy enough? Sure, after you have filed hundreds in nearly every county in North Texas. For everyone else, call our office to setup a free consultation.
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