Honorable Homer Garrison, Jr. 

Director 

Texas Department of Public 

Safety 

Austin, Texas 

Dear Sir: 

1965 

Opinion No. C-553 

Re: Various questions relative to court judgments 

granting probation under 

the provisions of Acts 

59th Legislature, Chapter 717, Section 2, page 

1663. 

Your letter of September 2, 1965, requested an opinion 

of this department relative to, revocation and/or suspension of 

driver's license under Section 22(a) of Article 6687b, Vernon's 

Civil Statutes, as amended by Senate Dill No. 498, Acts 59th 

Legislature, 1965, Chapter 717, which reads as follows: 

"'When under Section 10 of this Act the Dlrector believes the licensee to be incapable 

of safely operating a motor vehicle, the Dlrector may notify said licensee of such fact 

and summons him to appear for hearing as provided hereinafter. Such hearing shall be had 

not less than ten (10) days after notification 

to the licensee or operator under any of the 

provisions of this Section, and upon charges 

in writing a copy of which shall be given to 

said operator or licensee not less than ten 

(10) days before said hearing. For the purpose of hearing such cases jurisdiction is 

vested in the mayor of the city, or judge of 

the police court, or a justice of the peace 

in the county or subdivision thereof where 

the operator or licensee resides. Such court 

may administer oaths and may issue subpoenas 

for the attendance of witnesses and the production of relative books and papers. It shall 

be the duty of the court to set the matter for 

hearing upon ten (10) days' written notice to 

the Department. Upon suah hearing, the issues 

to be determined are whether the license shall 

be suspended or whether the license shall be 

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Honorable Homer Garrison, Jr., page 2 (C-553) 

revoked, and, in the event of a suspension, 

thh e eng 0 e suspension, whit 

h 88 no one year. Th ffi 

who uresides at such hearina shaller&or~e~he 

finding to the Department wEich shall-have 

authority to suspend the license for the 

length of time reported; provided, however, 

that in the event of such affirmative finding, the licensee may appeal to the: county 

court of the county wherein the hearing was 

held, said appeal to be tried de novo. No; 

tice by registered mall to address shown on 

the license of licensee shall constitute service for the purpose of this Section.' (tipha81s added)" 

Your letter sets forth examples of judgments which 

have been entered suspending an operator's license pursuant 

to Section 22(a) of Article 6687b, which have notations of 

"probation" or "judgment held in abeyance for 90 days" added 

at the end of the judgment. 

In your request you have directed four questions to 

this department relative to the above as follows: 

(1) Whether or not the Department of Public Safety 

Is required to honor the probation as ordered by the judge? 

(2) who has the responsibility of determining whether or not the probationer has satisfied his period of probation? 

(3) Assuming the probationer has violated his probation should the Department at that time act to suspend the 

license period as set by the judge? 

(4) Assuming the probation ends satisfactorily should 

the judge inform the Department that no period of suspension is 

required by substituting a new judgment or order? 

Article 6687b, Section 22(a), Revised Civil Statutes 

of Texas, as amended by Senate Bill No. 498, Acts 59th Legislature, 1965, Chapter 717, does not authorize probation of 

license suspension or revocation. Nor is any provision made 

in Vernon's Code of Criminal Procedure for the granting of probation in such cases. The other three questions are inapplicable 

as probation is unauthorized under the aforementioned article. 

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Honorable Homer Garrison, Jr., Page 

SUMMARY 

3 (C-553) 

Probation cannot be granted under Article 

668733, Section 22(a), Revised Civil Statutes 

of Texas, as amended by Senate Bill No. 498, 

Acts 59th Legislature, 1965, Chapter 717. 

Yours very truly, 

WAGGONER CARR 

Attorney General of Texas 

Assistant Attorney General 

TWN/br 

APPROVED: 

OPINION COMMITTEE 

W. 0. Shultz, Chairman 

Ivan Williams 

George Black 

Robert Flowers 

Sam L. Kelley 

APPROVED FOR THE ATTORNEY GENERAL 

B9: T. B. Wright 

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