PETITION.

(a) Except as provided by Subsections (b) and (c), a person may apply for an occupational driver's license by filing a verified petition with the clerk of a justice, county, or district court with jurisdiction that includes the county in which:

(1) the person resides; or

(2) the incident occurred for which the license was suspended, revoked, or canceled.

(b) If a person's license has been automatically suspended, revoked, or canceled due to a conviction of an offense as provided by Subchapter O or P, the person may apply for an occupational driver's license by filing a verified petition only with the clerk of the court in which the person was convicted.

(c) If a person's license is suspended, revoked, or canceled due to a court order submitted to the department by a district, county, or justice court, the person may apply for an occupational driver's license by filing a verified petition with a court described by Subsection (a) or the court that issued the order.

(d) A petition filed under this section must:

(1) set forth in detail the petitioner's essential need, including a description of the hours and location of essential travel;

(2) describe the reason for the petitioner's license suspension, revocation, or cancellation;

(3) provide evidence of the petitioner's financial responsibility in accordance with Chapter 601; and

(4) include a certified abstract of the petitioner's complete driving record.

(f) If a court lacks jurisdiction over a petition filed under this section, the court shall dismiss the application. The court may hold a hearing to determine if the court has jurisdiction over the petition. If the petition is dismissed, the petitioner may submit a written request for the petition to be reinstated within 14 days of the dismissal, stating the reason the court has jurisdiction over the petition.