Sec. 521.244. HEARING; ORDER; DETERMINATION OF ESSENTIAL NEED  


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  • (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.

Acts 1995, 74th Leg., ch. 165, Sec. 1, eff. Sept. 1, 1995.