Honorable Homer Garrison, Jr.

Director Texas Department of Public Safety 

### Austin,Texas

DearSir: 

### 1965

Opinion No. C-553
Re: Various questions relative to court judgments grantingprobation under the provisions of Acts 59th Legislature, Chapter 717, Section 2, page 1663. Your letter of September 2, 1965, requestedan opinion of this department relative to,revocationand/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:

"'Whenunder Section 10 of this Act the Dlrector believes the licensee to be incapable of safely operating a motor vehicle, the Dl

### rectormaynotifysaid licensee of such fact and summonshim to appear for hearing as provided hereinafter. Suchhearing 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 licenseenot less than ten (10)days before saidhearing. For the purpose of hearing such cases jurisdictionis vested in themayor of the city, or judge of the police court, or a justiceof the peace in the county or subdivision thereofwhere the operator or licensee resides. Such court may administer oaths andmay issue subpoenas for the attendance of witnesses and the production of relativebooks 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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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 suchhearina shaller&or~e~he finding to the DepartmentwEich shall-have authority to suspend the license for the length of time reported;provided,however, that in the event of such affirmative finding, the licenseemay appeal to the:county court of the countywherein the hearing was held, said appeal to be triedde novo. No; tice by registeredmall 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 judgmentswhich have been entered suspendingan operator's licensepursuant to Section 22(a) of Article 6687b, which have notations of "probation" or "judgmentheld in abeyance for 90 days" added at the end of the judgment.

Inyour requestyou 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 orderedby the judge?

(2) who has the responsibilityof determiningwhether or not the probationerhas satisfiedhis period of probation?

(3) Assuming the probationerhas violatedhis probation should the Department at that time act to suspend the licenseperiod as set by the judge?

(4) Assuming theprobation ends satisfactorily should the judge inform the Department that no period of suspension is required by substitutinga new judgmentor 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 authorizeprobation of license suspension or revocation. Nor is any provisionmade in Vernon's Code of Criminal Procedure for the granting of probation in such cases. The other three questions are inapplicable as probation is unauthorizedunder the aforementionedarticle.

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### HomerGarrison, Jr., Page

SUMMARY 3 (C-553)

Probation cannotbe granted under Article 668733, Section 22(a), Revised Civil Statutes of Texas, as amended by SenateBill No. 498, Acts 59th Legislature, 1965, Chapter 717.

Yours very truly,
WAGGONER CARR Attorney General of Texas

Assistant AttorneyGeneral 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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