## THE AITTBRNEY GENEECAL OP a’lEXAS

Col. Wilson E.Speir, Director 

### OpinionNo..M~~07 Texas Department of Public Safety 5805 North Lamar Rc: Construction pf S.Bb Austin, Texas 78751 **No.** 

### 743,Act6 616t WT. IR.S. 1969, **re** lating tohours **of** operation under &i occupational drivers' Dear Colonel Speir: license. ..- You have requested anopinion 

### fromthis office concerning occupational drivers' licenses under the provision6 of' Senate Bill No. 743, Acts 616t Leg., R.S. ,1969,Chapter 612, page 1821, and particularly ask whether *the actual hours tobe driven during each specific period of time must be definitely set out so that anenforcement officer examining the license, which must contain the restrictions., wi.11know by looking at his watch whether the driver is violating the terms of the order and license."
your letter states that the department ha6 received some orders wherein the restricted hours of vehicle operation are Stated as "Any Ten (10)hour period between sunrise alIdSUIlSet,' and "Any Ten (10)hour period between 7:30 a.m. 

### and6:00~.rn.~*and that you can imagine other terms which would tend to allow flexible use of the permit by not stating definite hours.
Senate Bill 743 amends Article 668713,Vernon's .Civil Statutes, by adding Section 23A, pertinent ~portione-of. which read a6 follows:

"(a) Any person whose license has been suspended for other than physical ormental disability or impairment may file'with the judge 

### ofthe district ~courthaving jurisdiction with the.county of hi6 residence, averified petitiqn setting forth in detail an essential need for'operatinq amotor vehicle in the performance of his occupation or trade, o0oIn the event the judge enters the order findinq,an easentiql~need,'



### ,-2430-COl. Wilson E. Speir, Page 2, (U-97 )

a6 set out herein, he Shall also, aspart of such finding, determine the actual need of the petitioner in operating amotor vehicle inhis occupation or trade and shall restrict the use of themotor vehicle to the petitioner06 actual occupation or trade and the right todrive to-and 

### from the olace of emolovment of the oetitioner.

0

. '.Such res&i&ions Shall b: definite as to the hOUr6 **of** the day0 days of the week, type of occupation and areas or routes of travel tobe permitted, except that in any event the petitioner shall not be allowed to operate amotor vehicle more than ten (10)hOUr6 in any twentyfour (24) consecutive hours. oooA certified copy of the petition and the court order setting out the judge's finding and the restrictions Shall ,be

### forwarded to the Department. "(b) Upon receipt of the court order set out in (a)above oo . ,the Departmant shall issue an occupational~licen6e~ showing on its face the restrictions set ZiFin the order of the court. "(c) Any person who violates the restrictions on his **OCcUpatiOnal** license shall be.quilty 

### ofamisdemeanor and upon wnviction~thereof shall be punished in the same manner a6one convicted **of** driving amotor vehicle while lioense is suspended,. and 6uCh occupational license Shall be automatically cancelled." (Emphasis added..); By enactment of Senate Bill 743 the Legislature created anew right or privilege which is an exception to the general laws relating to the operation of amotor vehicle after. the suspension of adrivers' license.
It is an established mle of wnstruction that a' statute constituting anexception to aqeneral,law will be strictly construed and not extended by judicial construction. 53Tex. Jur.:Zd 309, Statutes, Sec. ,201. Moreover, when aright i6 solely and exclu6ively of Legislative creation, and does,not derive existence'.ftbmCal. Wilson E. Speir, Page 3, (u-507 )

the common law orprinciples of equity, and create6 anew riqht by statute, the wurts will not extend the application of the statute, but will limit it6 application to the .exact words of the act, Johnson v, Darr, 114 Tex. 516, 272 S.W.' 1098 (1925);

._ Senate Bill 743 requires that upon finding an essential need for anoccupational drivers' license the court "shall restrict the use of the motor vehicle,. and that '[sluch 'restrictions shall be definite as to the hours of the day,-oa..? Webster'6 Third New International Dictionary define6 definite ashaving distinct or certain limits: determinat6 1nextent or character: limited, fixed: marked by absence of the ambiguous, obscure, doubtful, or tentative ana by certain clear statement or expression bymeans of flat positive assertion, careful statement of limitation.

two:& isdefined as one indifferently out ofmore than one or scuneindiscriminately orwhatever kind; we or another: this, that or the other.
Rence ,anorder restricting the use of amotor vehicle to "any ten (10)hour period" between sunrise and sunset, etc., 16 indefinite and does not comply with the Act which require6 that Such restrictions "shall be definite" a6'to the hOUr6 of the day.
Inview of our analysis above, it isour opinion that the order of acourt finding an essential need for anoccupational drivers' license under the provisions of Senate Bill 143must set forth the actual hour6 tobe driven during each specific period of time with such definiteness and certainty that violations of the restrictions may be determined by reference to atimepiece. Therefore, we answer your question in the affirmative.

SUMMARY
A court order finding anessential need ~for an occupational drivers' license under the provisions of S,B, 743, Acts 61st Leg,, R.S. l9fi9, Ch, 612, pa 1821 (Art. 6687b, Set, 23A, V.C.S.) must set forth the'actual hours amotor vehicle may be driven'durinq each specific period with such definiteness and certainty that violations of the restrictions may be determined by reference to atimepiece.
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AttorBey General of Texas Prepared byMonroe Clayton Assistant Attorney General
APPROVED: OPINION COMMITTEE
Kerns Taylor, Chairman George Kelton, Vice-Chairman Thomas Sedberry Jack Sparks Malcom Smith Alan Minter
MEADE F. GRIFFIN staff Legal Assistant
NOLA WRITE First AsSiStant

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