NO. 12-19-00059-CR

IN THE COURT OF APPEALS

TWELFTH COURT OF APPEALS DISTRICT

TYLER, TEXAS

EX PARTE:

ROBERT GRAY ROBINSON

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§

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APPEAL FROM THE

COUNTY COURT AT LAW

ANDERSON COUNTY, TEXAS

MEMORANDUM OPINION

Robert Gray Robinson was charged with operating a motor vehicle on a public roadway 

with an expired driver’s license. This is an appeal from the trial court’s denial of Appellant’s 

pretrial application for writ of habeas corpus, in which he alleged that Texas Transportation 

Code, Section 521.021 is unconstitutionally vague on its face. Appellant raises two issues on 

appeal. We affirm.

BACKGROUND

Because this appeal presents a facial challenge to a statute, a detailed rendition of the 

facts is unnecessary for its disposition. We therefore provide only a brief procedural history.

Appellant was charged by information with operating a motor vehicle on a public 

roadway while having an expired driver’s license. Thereafter, Appellant filed a pro se motion 

amounting to an application for writ of habeas corpus, in which he argued that Texas 

Transportation Code, Section 521.021 is unconstitutionally vague on its face. The trial court 

denied Appellant’s application, and this appeal followed.

CONSTITUTIONALITY OF TEXAS TRANSPORTATION CODE, SECTION 521.021

In his first issue, Appellant argues that Section 521.021 is unconstitutionally vague on its 

face because it contains no requirement that the required driver’s license be “current.” 
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Standard of Review and Governing Law

A claim that a statute is unconstitutional on its face may be raised by a pretrial writ of 

habeas corpus. Ex Parte Weise, 55 S.W.3d 617, 620 (Tex. Crim. App. 2001). Habeas corpus 

preconviction proceedings are separate criminal actions, and the applicant has the right to an 

immediate appeal before trial begins. Greenwell v. Court of Appeals for the Thirteenth Judicial 

Dist., 159 S.W.3d 645, 650 (Tex. Crim. App. 2005).

We review a trial court’s decision to grant or deny an application for writ of habeas 

corpus under an abuse of discretion standard. See Ex parte Wheeler, 203 S.W.3d 317, 324 (Tex. 

Crim. App. 2006); Ex parte Thompson, 414 S.W.3d 872, 875 (Tex. App.–San Antonio 2013), 

aff’d, 442 S.W.3d 325 (Tex. Crim. App. 2014). However, when the trial court’s ruling and 

determination of the ultimate issue turns on the application of the law, such as the 

constitutionality of a statute, we review the trial court’s ruling de novo. Ex parte Peterson, 117 

S.W.3d 804, 819 (Tex. Crim. App. 2003), overruled in part on other grounds by Ex parte Lewis, 

219 S.W.3d 335, 371 (Tex. Crim. App. 2007); see Thompson, 414 S.W.3d at 875–76. 

Furthermore, a question of statutory construction presents a question of law, which we 

review de novo. See Liverman v. State, 470 S.W.3d 831, 836 (Tex. Crim. App. 2015). In 

construing a statute, we give effect to the plain meaning of its language, unless the statute is 

ambiguous or the plain meaning would lead to absurd results that the legislature could not have 

possibly intended. Id. In determining plain meaning, we employ the rules of grammar and 

usage, and we presume that every word in a statute has been used for a purpose and that each 

word, clause, and sentence should be given effect if reasonably possible. Id. If a word or a 

phrase has acquired a technical or particular meaning, we construe the word or phrase 

accordingly. Id. If, after using these tools of construction, the language of the statute is 

ambiguous, we can resort to extratextual factors to determine the statute’s meaning. Id. 

“Ambiguity exists when the statutory language may be understood by reasonably well-informed 

persons in two or more different senses.” Id.

It is a basic principle of due process that a statute is void for vagueness if its prohibitions 

are not clearly defined. State v. Holcombe, 187 S.W.3d 496, 499 (Tex. Crim. App. 2006) (citing 

Papachristou v. City of Jacksonville, 405 U.S. 156, 162, 92 S. Ct. 839, 843, 31 L.Ed.2d 110 

(1972)). The void-for-vagueness doctrine requires that a penal statute define the criminal offense 

with sufficient definiteness that ordinary people can understand what conduct is prohibited and 
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in a manner that does not permit arbitrary and discriminatory enforcement. Holcombe, 187 

S.W.3d at 499. Although a statute is not impermissibly vague because it fails to define words or 

phrases, it is invalid if it fails to give a person of ordinary intelligence a reasonable opportunity 

to know what conduct is prohibited. Id. Moreover, where, as here, a statute does not 

substantially implicate constitutionally protected conduct or speech, it is valid unless it is 

impermissibly vague in all applications. Id.

Discussion

Section 521.021 sets forth that “[a] person, other than a person expressly exempted under 

this chapter, may not operate a motor vehicle on a highway in this state unless the person holds a 

driver’s license issued under this chapter.” TEX. TRANSP. CODE ANN. § 521.021 (West 2018). 

Appellant argues that Section 521.021 is unconstitutionally vague because it does not set forth a 

requirement that the driver’s license be “current.” Thus, according to Appellant, his possession 

of an expired driver’s license satisfied the requirements of the statute. We disagree.

We are mindful that it is “well established [that] the State of Texas can and does require a 

valid driver’s license for all persons operating motor vehicles on the roads of the state.” Hicks v. 

State, 18 S.W.3d 743, 744 (Tex. App.–San Antonio 2000, no pet.) (citing Taylor v. State, 209 

S.W.2d 191, 192 (Tex. Crim. App. 1948)) (right to drive is a privilege, not a right, and is 

governed by rules and regulations). Section 521.021 requires the operator to hold a driver’s 

license issued under this chapter. See TEX. TRANSP. CODE ANN. 521.021. Thus, that section 

must be considered in conjunction with the rest of Chapter 521. See id. 

Section 521.025 requires that a person holding a license under Section 521.021 have such 

a license in his possession while operating a motor vehicle and display the license on the demand 

of a peace officer. See id. § 521.025(a) (West 2018). Section 521.025 further provides that 

failure to do so constitutes an offense. Id. § 521.025(c). 

Section 521.271 provides that a license issued to a citizen of the United States expires on 

the first birthday of the license holder after the sixth anniversary of the date of the application. 

Id. § 521.271(a)(1) (West 2018). “License” means “an authorization to operate a motor vehicle 

that is issued under or granted by the laws of this state.” Id. § 521.001(a)(6) (West 2018). The 

word “expire” means “to come to an end” or “terminate.” Expire, THE AMERICAN HERITAGE 

DICTIONARY (2nd College ed. 1982). Thus, under Chapter 521, the legislature sought to limit a 
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person’s authorization to operate a motor vehicle to a certain period of time, following which, 

the authorization would terminate.1

Based on the foregoing, we conclude that Section 521.021’s requirement that a person 

operating a motor vehicle on a highway in this state must hold a driver’s license issued under 

Chapter 521 incorporates Section 521.271’s time limitations on this authorization granted by the 

laws of this state. Accordingly, the license required under Sections 521.021 and 521.025 does 

not include one which has expired. Therefore, we conclude that Section 521.021 is worded with 

sufficient definiteness that an ordinary person can understand what conduct is prohibited in a 

manner that does not permit arbitrary and discriminatory enforcement. See Holcombe, 187 

S.W.3d at 499. Thus, we hold that the trial court did not abuse its discretion in denying 

Appellant’s application for writ of habeas corpus on this basis. Appellant’s first issue is 

overruled.

CONSTITUTIONALITY OF TEXAS CODE OF CRIMINAL PROCEDURE, ARTICLE 14.01(b)

In his second issue, Appellant argues that by combining Section 521.021 with Texas 

Code of Criminal Procedure, Article 14.01(b), the legislature created a “standardless sweep” 

leading to arbitrary enforcement of Section 521.021 and “egregious and well-chronicled abuses.” 

Presumably, Appellant’s complaint is based on the discretion afforded to an officer under Article 

14.01(b) to make a warrantless arrest for an offense committed in an officer’s presence. See 

TEX. CODE CRIM. PROC. ANN. 14.01(b) (West 2005); see also Myricks v. U.S., 370 F.2d 901, 

904–05 (5th Cir. 1967) (recognizing that, under Texas law, person’s operation of a motor vehicle 

without having valid driver’s license in his immediate possession is arrestable offense); Snyder 

v. State, 629 S.W.2d 930, 934 (Tex. Crim. App. 1982) (same); Marzett v. McCraw, 511 S.W.3d 

210, 212 (Tex. App.–Dallas 2015, pet. denied) (same); Gaines v. State, 888 S.W.2d 504, 510 

(Tex. App.–El Paso, no writ) (same). However, our review of Appellant’s argument to the trial 

court does not reveal a contention concerning the constitutionality of Article 14.01(b). See 

Karenev v. State, 281 S.W.3d 428, 434 (Tex. Crim. App. 2009) (“a defendant may not raise for 

the first time on appeal a facial challenge to the constitutionality of a statute”). Therefore, we 

hold that because Appellant did not first raise an argument regarding the constitutionality of 

 1 Chapter 521 also provides a means for license renewal. See, e.g., TEX. TRANSP. CODE ANN. § 521.274 

(West 2018).
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Article 14.01(b) to the trial court, he cannot make the argument for the first time on appeal. See 

id. Appellant’s second issue is overruled.

DISPOSITION

Having overruled Appellant’s first and second issues, we affirm the trial court’s order 

denying Appellant’s application for writ of habeas corpus.

BRIAN HOYLE

Justice

Opinion delivered August 21, 2019.

Panel consisted of Hoyle, J., and Neeley, J.,

Worthen, Chief J., not participating.

(DO NOT PUBLISH)
COURT OF APPEALS

TWELFTH COURT OF APPEALS DISTRICT OF TEXAS

JUDGMENT

AUGUST 21, 2019

NO. 12-19-00059-CR

EX PARTE: ROBERT GRAY ROBINSON

Appeal from the County Court at Law 

of Anderson County, Texas (Tr.Ct.No. 65161A)

THIS CAUSE came to be heard on the appellate record and briefs filed 

herein, and the same being considered, it is the opinion of this court that there was no error in the

trial court’s order.

It is therefore ORDERED, ADJUDGED and DECREED that the order 

denying Appellant’s application for writ of habeas corpus of the court below be in all things 

affirmed, and that this decision be certified to the court below for observance.

Brian Hoyle, Justice. Panel consisted of Hoyle, J., and Neeley, J.,

Worthen, Chief J., not participating.