Hon. W. A. Hadden County Attorney Pecos county Fort Stockton, Texas

Dear Mr. Hadden: August 8, 1952
Opinion Ho. V-l.501
Re: Which section ofArticle 6687b, V.C.S., is violatedwhen a Texas resldent operates an automobile during the time that his operator's license has been suspended.
In your letter requesting an opinion of this office,you state the following facts:

"The State Highway Patrolmanwho resides here has arrested a party, who has had his operator's license suspended for six months under conviction of unlawfully operatingan automobile upon a public highway in this county, and desires to file a charge against this person for operatinga motor vehicle during the six months' suspension.
"The party convictedand who has now dlsobeyed the six months' suspension judgment is a local man and had a Texas llcense,not a foreign license."
You ask whether a complaintbased on these facts should be filed under Section 27 or under Section 34 of Article 6687b, V.C.S.

Sections27, 34 and 44 ofArticle 6687b read as follows:
"Sec. 27. Bo operation under foreign 11: tense during suspension or revocation in this State.
"No person, resident or nonresident,whose operator's, commercial operator's, or chauffeur's license or privilege to operate a motor vehicle In this State has been suspended or revoked a8Hon. W. A. Hadden, page 2, (V-1501)

provided In this Act shall operate a motor vehicle In this State under a license,permit, or registration certificate issued by any other jurisdictionor otherwiseduring such suspension cr after such revocation until a new license is obtainedwhen and as permitted under thisAct."

PendeS;;.r;:okerlvlng while license sus-

"Any person whose operator's, commercial operator's, or chauffeur's license or drlving privilege as a nonresidenthas been cancelled, suspended, or revoked as provided In thisAct, and who drives any motor vehicle upon the highways of this State while such license or privilege Is cancelled, suspended, or revoked Is guilty of a misdemeanor, and, upon conviction, shall be punished by fine of not less than Twenty-fiveDollars ( not more than Five Hundred Dollars P25), and $500), and In addition thereto, theremay be Imposed a sentence of imprisonmentnot to exceed six (6)months."
"Sec. 44. Penalty for violation of Act. "(a) It shall be a misdemeanor for any person to violate any of the provisionsof thisAct unless such violation is by thisAct or other l.aws

of this State declared to be a felony. "(b) In addition to any other penalties hereinbeforeprovided, and unless another penalty is In thisAct or by the laws of this State provided, every person convicted of a misdemeanor for the violation of any provision of thisAct shall be punishedby fine of not more than Two Hundred Dollars ($200)." Section 34 Is the proper section underwhich a charge should be brought against a Texas residentwho drives a motor vehicle on Texas highways after his license to drive has been suspended. See Persall v. State, 169 S.W.28 488 (Tex.Crlm. 1943). It Is also the &roper section for a charge against a nonresidentwhose drivingHon. W. A. Hadden, page 3, (V-1501)

privilege as a nonresident" has been suspended& The word "nonresident" in Section 34 has reference to the words "drivingprivilege" and not to the words 'operator's, cense." commercialoperatorts, or chauffeur's liIn other words, the statutehas the same meaning as If It had said "any person whose operator's, 

### commercialoperator's,or chauffeur's licensehas been cancelled, suspended or revoked, 

### or any person whose driving privilege as a nonresidenthas been cancelled, suspended or revoked, etc." Section 34 is therefore appl-dent whose license, of whatever sort, has been se or revoked, and to a,nonresldent whose "drivingprivilege"has been suspended or revoked. Section 27, on the otherhand, is applicable only against a resident or a nonresidentwhose license .(operator's,

commercial operator's, 

### or chauffeur's) or privilege to operate a motor vehicle has been suspended or revoked, and who operates a motor vehicle in Texas w another license. oermlt. 

### or registration certificate Issuedby some other jurisdictionor otherwise. The commission of an offense under this section isconditioned upon the existence of such a license, permit or registration certificate. The gist of this offense Is an attempt to evade detection of a vlolatlon of a suspension or revocationby procuring or using another license.

Therefore, the person with whom you are concerned cannotbe chargedunder Section 27 unless he is operating under another license,permit, or registration certificate issued by another jurisdiction

### or otherwise. Section 34 Is the proper section.

A Texas residentwho drives a motor ve,r hicle on Texas highwayswhile his operator's licensehas been suspendedmay be prosecuted under the provisions of Section 34 ofArticle fjfj87b, Vernon's Civil Statutes. Section 27 of thatArticle defines an additional offense of operating under another license, such RI! a

### Bon.W. A. Hadden,page 4, (V-1501)



### foreignlicense,whilesuchsuspensionla in effect.
Yours very 

### truly,
APPROVED: lpeu PleDaniel StateAffairs EdvisIon 

### PRICEDAHIEL Attorneyffeneral

MaryK. Wall ReviewingAssistant BY

CharlesS.'Mathews FinstAssistant RL/ec