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 of Article 

6687b, V.C.S., is violated when 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 Patrolman who resides 

here has arrested a party, who has had his operator's license suspended for six months under 

conviction of unlawfully operating an automobile 

upon a public highway in this county, and desires to file a charge against this person for 

operating a motor vehicle during the six months' 

suspension. 

"The party convicted and 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 complaint based on these facts 

should be filed under Section 27 or under Section 34 of 

Article 6687b, V.C.S. 

Sections 27, 34 and 44 of Article 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 a8 
Hon. 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 jurisdiction or otherwise during 

such suspension cr after such revocation 

until a new license is obtained when and as 

permitted under this Act." 

P 

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

"Any person whose operator's, commercial 

operator's, or chauffeur's license or drlving privilege as a nonresident has been cancelled, suspended, or revoked as provided In 

this Act, 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-five Dollars ( 

not more than Five Hundred Dollars P 

25), and 

$500), 

and In addition thereto, there may be Imposed 

a sentence of imprisonment not 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 provisions of 

this Act unless such violation is by this Act 

or other l.aws of this State declared to be a 

felony. 

"(b) In addition to any other penalties 

hereinbefore provided, and unless another 

penalty is In this Act or by the laws of this 

State provided, every person convicted of a 

misdemeanor for the violation of any provision 

of this Act shall be punished by fine of not 

more than Two Hundred Dollars ($200)." 

Section 34 Is the proper section under which a 

charge should be brought against a Texas resident who 

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 nonresident whose driving 
Hon. 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 "driving privilege" and not to the words 'operator's, 

cense." 

commercial operatorts, or chauffeur's liIn other words, the statute has the same meaning as If It had said "any person whose operator's, 

commercial operator's, or chauffeur's license has been 

cancelled, suspended or revoked, or any person whose 

driving privilege as a nonresident has 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 "driving privilege" has been suspended or 

revoked. 

Section 27, on the other hand, is applicable 

only against a resident or a nonresident whose 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 Issued by some other jurisdiction or 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 revocation by procuring or using another license. 

Therefore, the person with whom you are concerned cannot be charged under 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 resident who drives a motor ve,r 

hicle on Texas highways while his operator's 

license has been suspended may be prosecuted 

under the provisions of Section 34 of Article 

fjfj87b, Vernon's Civil Statutes. Section 27 

of that Article defines an additional offense 

of operating under another license, such RI! a 
Bon. W. A. Hadden, page 4, (V-1501) 

foreign license, while such suspension la 

in effect. 

Yours very truly, 

APPROVED: 

lpeu PleDaniel 

State Affairs EdvisIon 

PRICE DAHIEL 

Attorney ffeneral 

Mary K. Wall 

Reviewing Assistant 

BY 

Charles S.'Mathews 

Finst Assistant 

RL/ec