Texas Codes

Tex. Transp. Code § 521.241 (2026)

Definitions

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Sec. 521.241. DEFINITIONS. In this subchapter:

(1) "Essential need" means a need of a person to operate a motor vehicle:

(A) in the performance of an occupation or trade or for transportation to and from the place at which the person practices the person's occupation or trade;

(B) in the pursuit of an occupation or trade;

(C) for transportation to and from an educational facility in which the person is enrolled; or

(D) in the performance of essential household duties.

(2) "Ignition interlock device" means a device that uses a deep-lung breath analysis mechanism to make impractical the operation of a motor vehicle if ethyl alcohol is detected in the breath of the operator of the vehicle.

(3) "Offense relating to the operating of a motor vehicle while intoxicated" has the meaning assigned by Section 49.09, Penal Code.

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

Amended by:

Acts 2023, 88th Leg., R.S., Ch. 386 (H.B. 291), Sec. 2, eff. September 1, 2023.

Notes of Decisions
Cited in 6 cases (1 in the last 5 years), 1997–2024 · leading case: Herald v. State, 67 S.W.3d 292 (Tex. App.—Amarillo 2001).
Herald v. State, 67 S.W.3d 292 (Tex. App.—Amarillo 2001). “See Tex. TRAnsp. Code Ann. § 521.241 , et seq.”
DELEON v. State, 284 S.W.3d 894 (Tex. App.—Dallas 2009). “” Tex. Transp. Code Ann. § 521.241 (2). Section 521.”
Ex Parte Martinez, 942 S.W.2d 89 (Tex. App.—Fort Worth 1997). “See Tex. TraNSP. Code Ann. §§ 521.241 -.242, 521.”
Ex Parte: Steven Garcia, No. 05-19-00964-CV (Tex. App.—Dallas Oct. 5, 2020). “” See TEX. TRANSP. CODE § 521.241(1). Background In his verified petition for an occupational license, Garcia stated he has an actual and essential need to operate a motor vehicle to a total of twenty-two counties, either to perform his occupation as the owner of his mobile…”
Jeffery Ryan Smith v. the State of Texas, No. 11-23-00098-CR (Tex. App.—Eastland June 27, 2024). “TEX. TRANSP. CODE ANN. § 521.241(2) (West Supp.”
Michael J. Herald v. State of Texas, No. 07-01-00238-CR (Tex. App.—Amarillo Nov. 29, 2001). “See Tex. Transp. Code Ann. § 521.241 , et seq.”
Tex. Transp. Code § 521.241(1): 1 case
Ex Parte: Steven Garcia, No. 05-19-00964-CV (Tex. App.—Dallas Oct. 5, 2020). “” See TEX. TRANSP. CODE § 521.241(1). Background In his verified petition for an occupational license, Garcia stated he has an actual and essential need to operate a motor vehicle to a total of twenty-two counties, either to perform his occupation as the owner of his mobile…”
Tex. Transp. Code § 521.241(2): 1 case
Jeffery Ryan Smith v. the State of Texas, No. 11-23-00098-CR (Tex. App.—Eastland June 27, 2024). “TEX. TRANSP. CODE ANN. § 521.241(2) (West Supp.”
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