June 23, 1975 

The Honorable Wilson E. Speir Opinion No. H- 631 

Director 

Texas Department of Public Safety Re: Whether a person applying 

330~ 4087 for an occupational drivers license 

Austin, Texas 78773 must give proof of an automobile 

liability insurance policy to the court 

or to the Department oft Public Safety. 

Dear Colonel Speir: 

You have requested our opinion concerning a recently enacted amendment to article 668713, section 25a, V. T. C. S. See, 64th Leg. , Senate Bill 58 

(1975). The Act applies to convictions of any offense for which driver’s 

licenses are automatically suspended, providing in part: 

If, by order of the court, the person convicted is 

not confined or imprisoned, the court may enter an 

order restricting the operation of a motor vehicle 

to the person’s occupation . . . provided the person 

gives proof of a valid policy of automobile liability 

‘ms’urance in accordance with the provisions of the 

Texas Motor Vehicle Safety-Responsibility Act, as 

amende~d. (Emphasis added). 

The Act further provides that the judge shall ‘be able to grant the 

occupational license for a period longer than twelve (12) months provided the 

person “give[ s] proof to the Department of Public Safety of a valid policy of 

automobile liabilrt,y insurance in accordance with the Texas Motor Vehicle 

Safety-Responsibility Act. . ” Additionally, the Act requires the surrender 

of all driver’s licenses and the’forwarding of such license to the Department of 

Public Safety along with t,he record of conviction and the court order. The 

Department is thereupon to issue the restricted Hcense. 

Your question is whether the original proof of insurance must be submitted to the Depart,ment, or only to the court issuing the order. The Act expressly requires such proof to be submitted to the Department when “the order 

is granted for longer than a twelve (12) month period. ” You note that unless 

proof of insurance is submitted to the Department in al.1 instances, 

p. 2790 
The Honorable Wilson E. Speir - Page 2 (H-631) 

[t] he person granted the occupa,tional license could cancel 

the policy immediately after he receives his license, and 

the Department would have no way of knowing of the cancellation. 

Prior to the issuance of an occupational license a person must ‘I[ give] 

proof of a valid policy of automobile liability i,nsurance in accordance with the 

provisions of the Texas Motor Vehicle Safety-Responsibility Act. . . , “which 

is article 67Olh, V. T. C. S. That Act requires proof of insurance to be submitted to the Department. Sets. 13(c), 19(a), 20(a). In our opinion a person 

“gives proof of a valid policy. . . in accordance with [article 6701hl” only 

when he submits such proof to the Department. Accordingly, such proof must 

be submitted to the Department prior to the issuance of an occupational. driver’s 

license. 

SUMMARY 

Proof of a valid pol,icy of automobile liability insurance 

must be submitted to the Department of Public Safety 

prior to the issuance of an occupational driver’s license. 

Xery truly yours, 

!&a%\ (77 L m 

JOHN L. HILL 

Attorn,ey General of Texas 

tant 

Opinion Commit.tee 

jad 

p. 2791