Freestone County Texas

DRIVER LICENSE SUSPENSION OR REVOCATIONS

The Texas Department of The Texas Department of Public Safety (DPS) is required to suspend or revoke a person’s license to operate a motor vehicle in certain situations. The person can then appeal DPS’s decision to suspend or revoke their license to a justice or municipal court. The court’s main role is to determine whether or not the license should in fact have been suspended or revoked; and in some situations, the court may probate a suspension.   The general statutes for these proceedings are found in Subchapter N of Chapter 521 of the Transportation Code. The statutes for uninsured motorist suspensions are found in Subchapter F of Chapter 601 of the Transportation Code.

OCCUPATIONAL DRIVERS LICENSE

Occupational License, also called an essential-need license is a special type of restricted license issued to individuals whose driver license has been suspended, revoked or denied, which is different from an Omnibase (FTA) hold for non-payment of a violation, for certain offenses other than medical or delinquent child support.  An occupational license authorizes the operation of a non-commercial motor vehicle in connection with an individual's work, school-related activities or performance of essential house hold duties.

ODL Petition

ODL FAQ

DISPOSITION OF CRUELY TREATED ANIMALS

The purpose of this proceeding is to determine if an animal has been cruelly treated by their owner, and if so, to take the animal away from the owner and remove their ownership rights. These proceedings are separate from any criminal case that may be pending.  These types of proceedings are covered by Subchapter B of Ch. 821 of the Health and Safety Code.

DANGEROUS DOGS

Dangerous dog hearings deal with the disposition of the dog or certain statutory requirements that the owner of a dangerous dog must follow.  These proceedings are separate from any criminal case that may be pending.  These types of proceedings are covered by Subchapters A & D of Ch. 822 of the Health and Safety Code.

DANGEROUS WILD ANIMALS

Generally, a person needs a certificate of registration from a local animal registration agency to own a “dangerous wild animal”. If a certificate of registration is denied or revoked by an animal registration agency, then the person can appeal the denial/revocation to a justice court or municipal court. Health and Safety Code § 822.105(c).

ENVIRONMENTAL & PUBLIC NUISANCE HEARINGS

There are certain actions/situations that are considered public nuisances. In some circumstances, a county may abate (eliminate or remedy) a public nuisance if it adopts and follows abatement procedures that are in line with Chapter 343 of the Health and Safety Code.

Before a county may abate a nuisance, however, it must generally provide a hearing if one is requested. A justice of the peace is one of the people who might be able to preside over such a hearing. The role of the court in this hearing is to determine whether a nuisance has occurred and whether the county has the authority to abate the nuisance; and if so, to assess certain costs/fees in favor of the county. Health and Safety Code § 343.021(a), 343.022, 343.023. 

HANDGUN LICENSE DENIAL/SUSPENSION/REVOCATION PROCEEDINGS

A person’s license to carry a handgun can be denied, suspended, or revoked by DPS. If this occurs, the person may request a hearing. A justice of the peace will conduct the hearing and either affirm the denial/suspension/revocation or order the license issued or returned.  These proceedings are governed by Subchapter H of Chapter 411 of the Government Code.

TOW HEARINGS

A tow hearing is a hearing in justice court requested by an owner or operator whose vehicle was towed or booted without their consent. The purpose of the hearing is to determine whether the vehicle should have been towed or booted and whether either party owes the other any money.  These proceedings are covered by Chapter 2308 of the Occupations Code.