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Ocupationals and Transportation Code 521.242

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November 26, 2013, 08:48
Clint
Ocupationals and Transportation Code 521.242
The new language in 521.242 that allows Justice Courts to hear and issue occupational licenses and reads that they may be filed:
"with the clerk of a justice, county, or district court with jurisdiction that includes the precinct or county in which:
(1) the person resides; or
(2)the offense occurred for which the license was suspended"
I first thought the logical interpretation was that if filed in a justice court it would need to be filed in the precinct in which the person resides. However, in interpreting the same language in the September 2013 Quarterly Report of the TJCTC (Texas Justice Court Training Center) the TJCTC indicates that a person may file with any justice in the county, regardless of what precinct they live in. My JP's are looking to me for guidance. One concern being that the later interpretation could create a forum shopping among justice courts. With the low court costs of a justice court, it could also leave open that if a person wasn't successful in one JP court, they could simply continue to file in each JP precinct until they received the desired outcome. Anybody else ran across this or have any thoughts?
November 26, 2013, 12:45
Shannon Edmonds
I don't have an answer for you, but be aware of this pending AG opinion request related to that change in the law:

https://www.oag.state.tx.us/op...013/pdf/rq1148GA.pdf