. 

RNEY GENERAL,” 

OF %-J!ZXAS 

Hon. Robert W. Post 

County Attorney 

P. 0. BOX 110 

Cuero, Texas 71954 

Diar Mr. Post: 

Opinion No: M-69.7 

RC?: Whether a minor defendant 

convicted under Art. 802&, 

Vernon's Penal' Code,, automatically has his operator's 

license suspended under the 

provisions of Sec. 24(a) (21,. 

Art. 6687b, Vernon's Civil 

Statutes? 

You have recently asked an opinion of this office 

concerning Article 802e, Vernon.'s Penal Code. Re-phrased, 

ypur question is as follows: 

"A minor defendant was. tried 

under Art. 802e of the Texas Penal 

Code. It was the interpretation by 

the County Judge and the County Attorney 

that the minor could retain his dkiver's 

license by provisions of Art. 802e. 

However, the Texas Department of Public 

Safety has issued a letter asking 

for susupension of the minor's operator's 

license. 

"Is an automatic suspension required 

under Art. 802e or is the interpretation 

reached by the then County Attorney 

correct?" 

The pertinent parts of Article 802e rehd as follows: 

"Sec. 1. Any male minor who 

has passed his 14th birthday but has 

not reached his 17th birthday, and 

any female minor who has not reached 

her l8th birthday, and who drives 

or operates an automobile or any other 

motor vehicle on any public road or 

highway in this state or upon any 

street or alley within the limits 

-3368- 
Hon. Robert W. Post, page 2 (M-697) 

of any city, town or village, or upon 

any beach as defined in Chapter 430, 

Acts of the 51st Legislature, 

1949, while under the influence of 

intoxicating lfquor, or who drives 

or operates an automobile or any other 

motor vehicle in such a way as to 

violate any traffic law of this state, 

shall be guilty of a misdemeanor and 

shall be punished by a fine of not 

more than One Hundred Dollars ($lOO.OO)...." 

"Sec. 2, No such minor, after 

conviction or plea of guilty and imposition 

of fine, shall be committed to any 

jail in default of payment of the 

fine imposed, but the court imposinq 

such fine shall have power to suspend 

and take possession of such minor's 

driving license and retain the same 

until such fine has been paid." (Emphasis 

Added9 

According to Section 24(a) (2), Article 6687b, Vernon's 

Civil Statutes, as last amended, the operator's license 

of any incirvasJual is susparuieci ror 12 months automatically 

upon final conviction for the criminal offense of driving 

while intoxicated. Gilbert v. State, 212 S.W.Zd 182 (Tex. 

Grim., 1948) o This section makes no distinction as to 

the particular article of the penal code under which 

the final conviction supporting the suspension must be 

had, nor does it limit, expressly or impliedly, the class 

of persons subject to the suspension. Attorney General 

Opinion NO, V-1266 (1961), Significantly, the offense 

of driving while intoxicated is prescribed~ by both Article 

902 and Article 802e of the Penal Code. 

Where the language of a statute is ambiguous, the 

provisions thereof, may be interpreted by resort to two 

primary rules of construction: First, the legislative 

history, and secondly, the scheme or intent of the legislation 

as made manifest by the similar subject matter sought 

to be controlled or regulated. Barnes v. State, 170 S.W. 

548 bTex.Crim., 1941); DuvaP Corp. v. State, 407 s.w.za 

493 (1966). 

Statutes dealing with the same general subject or 

relating to the same matters may be considered as statutes 

in pari materia, although they are passed at different times 

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. . 

Hon. Robert W. Post, page 3 (M-697) 

or different sessions of the legislature. Duvai v. State, 

supra. The goal of interpretation in utilizing this maxim 

is to carry out the full legislative intent by giving effect 

to all laws and provisions bearing upon the same subject. 

Trinity Universal Ins, Co. v. McLaughlin, 373 S.w.2d 66, 

(Tex. Civ.App., 1963 error ref. n.r.e.). Although Article 

802e is a specific statute relating to the offense of a 

minor driving while intoxicated, and independent of the 

general civil provisions of Article 668723, Section 24(a)(2), 

general and special statutes should be read together and 

harmonized if possible, to secure the general purpose and 

scope of legislation on that same subject matter. Palsell 

v. Texas Water Commission, 3ED S.W.2d 1, (Tex.Civ.App., 

1964, error ref. n.r.e.) 

In reviewing the legislative history of Article 6687b, 

Article 802, and Article 802e, we find that the,object and 

purpose of these statutes has been a series of repeated 

enactments by the legislature of more stringent statutes 

to provide safer highway travel in the face of an increasing 

number of accidents by inAiv+Aunln who drive while intoxicated. 

Attorney General Opinion M-673. Prior to passage 

of Article 802e, and its predecessor Article 8026, male 

juveniles under seventeen years of age were not subject 

to punishment for crimes but were subject only to the 

provisions of Article 2338-1, Vernon's Civil~ Statutes, 

which established juvenile courts and provideu for trial 

procedure in juvenile delinquency cases. The predecessor 

of' Article 802e, Article 802d, provided for automatic suspension 

of a minor's driver's license when the minor received final 

conviction. Attorney General Opinion V-1266 (1951). 

Continuing the same legislative scheme, Article 802e 

provides for certain procedures which may be utilized 

by the judge after conviction , where the minor fails to 

pay the fine imposed by the court. Although the civil 

,sanctions of Article 6687b for driving while intoxicated 

are generally separate and independent of the criminal 

penalties prescribed by Articles 802 and 8020, in our opinion 

by their relation to the same subject matter, these statutes 

are to be construed in pari materia. Cognizant of the 

legislative history z these statutes, we view the quoted 

emphasized languaqe in Section 2, Article 802e, as granting 

power to the judge tom suspend the operator's license under 

certain limited circumstances , and not as words restricting 

the automatic suspension under Section 24(a) (2), Article 

6687b. 

In the following circumstances, for example, the judge 

-3370- 
. , 

Hon. Robert W. Post, Page 4 (M-697) 

may suspend and take possession of the minor's driving 

license although suspension of his license also is automatic 

upon final conviction: First, where the minor'refuses 

to pay the fine imposed upon conviction by the court, the 

judge may insure that the minor shall not ostensibly drive 

lawfully by suspending and taking possession of his license 

prior to the time the Texas Departmentof Public Safety 

requests the minor to physically surrender and deliver his 

operator's license. Secondly, where the minor continues 

to refuse payment oflthe fine after an automatic suspension 

resulting from final conviction expires, the judge may 

tbere~fore suspend and take possession of the minor's driving 

license until the fine is paid. Other circumstances also 

may arise to invoke the power of the judge provided by Section 

2 of Article 802e. 

We find no basis in reason or legislative history for 

any contention that the language of Section 2, Article 8028 

was intended by implication to restrict automatic suspension 

of a minor's driving license where the conviction is final. 

No evidence exists that the legislature intended to allow 

the judge to thwart the separate and independent civil penalties 

imposed by Section 24(a) (2B, Article 668733, where a minor 

is found guilty and receives final conviction. Any~ contrary 

holding to allow automatic suspension would be tantamount 

to nullifying what we view as legislative intent to maintain 

stringent regulations for highway travel by those,,,who drive 

while intoxfcated, and would give rise to unequal treatment 

of drinking drivers based upon classification of age, Furthermore, 

such holding would negate the effect of Article 802e and 

lead to an absurd conclusion in light of the legislative 

history, object and purpose of these statutes in pari materia. 

The legislature must be presumed not to have d't;iie a useless, 

absurd or futile act. Brown v. Memorial Village Water Authority, 

361 S.W,Zd 453 (Tex,Civ.App,, 1962, error ref. n.r.e.1; 

State ex rel Childress v. Shelby County, 150 Tex. 238, 239 

S.W.2d 777 (1951); Trimmer v. Carlton, 116 Tex. 572, 296 

S.W. lb70 (1927). 

It is, therefore, the opinion of this office that Section 

24(a) (21, Article 6687b, Vernon's Civil Statutes, operates 

to automatically suspend a minor’s driving license when 

the minorreceives a ffnal convictfon for driving while 

intoxicated under Article 802e, Vernon's Penal Code. 

SUMMARY 

Section 24%aI (21. Article 668733, Vernon's Civil Statutes, 

operates to +a :li.'~. i.~ : :f g~fi;q)pz~~a zy mipc,,r 1s dric~.:,ng ;ir;c.nse 

-3371- 
Hon. Robert W. Post, page 5 (M-697) 

,::,,, when the minor receives final conviction for driving while 

intoxicated under Article 802e, Penal Co$e. 

Prepared by Bennie W. Bock, II 

Assistant Attorney General 

APPROVED: 

OPINION COMMITTEE 

Kerns Taylor, Chariman 

W. E. Allen, Co-Chairman 

Ben Harrison 

A. J. Gallerano 

William J. Craig 

James Quick 

: MEADE F. GRIFFIN 

Staff Le,gal Aseistant 

ALFRED WALKER 

&xec?utive Assistant 

1 . ,. . . 

NOLA WRITE 

First Assistant Attorney General 

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