March 29, 1972 

Honorable Wilson E. Speir 

Director, Texas Department 

of Public Safety 

5805 N. Lamar Blvd. 

Box 4087 

Austin, Texas 78773 

Dear Sir: 

Opinion No. M-1108 

Re: Authority of Texas 

Department of Public 

Safety under Article 

6687b V.C.S. to 

administer certain 

tests in examining 

applicants for driver's 

licenses, and related 

questions? 

you have requested our opinion on three questions: 

(1) Whether the Texas Department of Public Safety 

may, pursuant to Article 6687b, Section 10, administer a Siebrecht Attitude Scale. +he Sixteen Personality Factors Questionnaire, and the National 

Test in Driver Education as a pre and post course 

testing program, in correlation with violation and 

accident records, to determine if such profiles 

may be used as a diagnostic instrument in initial 

and relicensing of drivers? 

(2) Is Article 6687b, Vernon's Civil Statutes, 

sufficiently comprehensive to permit your Department, "in cooperation with other persons and state 

agencies, such as the Texas Department of Health 

and the Brazos Valley Crises Intervention Program, 

to screen medically eligible and problem applicants 

to determine whether their disability will permit 

the safe operation of a vehicle on completion of a 

rehabilitation program?" 

(3) Whether "a judge, under Section 22 (e) of 

Article 6687b, "may "require as a condition of 

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Honorable Wilson E. Speir, page 2 (M-1108) 

probation the attendance at and satisfactory 

completion of a rehabilitation program?" 

We answer all three of these questions in the affirmative. 

In any construction to be given to the various sections of 

Article 6687b in answering your questions, it is well to note 

first that a statute should be construed as a whole in order 

to arrive at the purposes for which it was enacted, and words, 

phrases, or sentences should not be detached from the context 

in attempting to define the legislative intent. National 

Surety Corp. v. Ladd, 131 Tex. 295, 115 S.W.2d 60-m. 

In Mundy v. Pirie - Slaughter Motor Co., 146 Tex. 314, 

206 S.W.2dCourt of Texas construed 

Article 6687b and held that its "principal purpose" is to 

insure some minimum of competence and skill on the part of 

drivers, for the protection of those who might be injured or 

have their property damaged by negligent or reckless operation 

of motor vehicles on the highway. In view of this principal 

purpose and legislative intent, we will examine the pertinent 

parts of the statute. 

Section 4 of Article 668713 not only prohibits the issuance 

of drivers licenses to certain age groups but also to those 

"whose license has been suspended, during such suspension;" to 

those who are shown to be addicted to alcohol and narcotics 

that "render a person incapable of driving:" to those adjudged 

idiots, imbeciles, or feebleminded; "to any person when in the 

opinion of the Department such person is afflicted with or 

suffering from such physical or mental disability or disease 

as will serve to prevent such person from exercising reasonable and ordinary control over a motor vehicle . . . nor . . . 

to any person who is unable to understand highway warnings 

or direction signs in the English language . . .". In addition to these prohibitions, including blind persons, the Legislature prohibits licenses to "any person when the Department 

has good cause to believe that the operation of a motor vehicle 

on the highways by such person would be inimical to public 

safety or welfare." 

Section 10 of Article 668733 directs the Department to 

"examine every applicant for an operator's, commercial 

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Honorable Wilson E. Speir, page 3 (M-1108) 

operator's, or chauffeur's license. . . ." It further provides that the examination 

. . .shall include a test of the applicant's 

vision, his ability to understand highway signs 

in the English language. . ., his knowledge of 

the traffic laws of this State, and shall include an actual demonstration of ability to 

exercise ordinary and reasonable control in the 

operation of a motor vehicle of the type he 

will be licensed to operate and such further 

physical and written examination as the Department finds necessary to determine the applicant 

itness to operate a motor vehicle safe upon 

&e highways! and provided further thatl%e 

Director s all have the authority to cause to 

be re-examined the licensee in any case which 

in his judgment the licensee is incapable of 

operating a motor vehicle. . .". (Emphasis 

supplied.) 

‘S 

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Section 24~ of Article 6687b makes provisions for rehabilitation schools and provides: 

"(a) The Department shall estab.lish and develop 

a program of motor vehicle driver education and 

training for drivers whose licenses have been 

suspended or revoked or are subject to suspension 

or revocation. 

"(b) The Department shall instruct, educate, and 

inform all persons attending the driver training 

program in the proper, lawful, and safe operation 

of a motor vehicle. . . 

"(c) The Department may require a person to 

attend the education and training program as a 

condition to the reinstatement of a suspended 

license or the issuance of a new license to a 

person whose prior license has been revoked. 

"(d) In the interest of promoting safe driving, 

the Department'may seek the advice and cooperation 

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Honorable Wilson E. Speir, page 4 (M-1108) 

of the schools, courts, and other interested 

persons." 

The Deoartment is granted substantial discretion in the 

issuance and renewal of licenses, and may prescribe the procedures and standards for arranging and conducting the examinations. See Sections 10 and 18 of Article 6687b. To assist 

in administering the Act, the Department is authorized a 

"Medical Advisory Board," which "shall be comprised of licensed 

physicians (including physicians specialty - board - qualified 

in internal medicine, psychiatry, neurology, physical medicine, 

and ophthalmology) appointed by the State Health Commissioner. 

II . . . Any three (3) members can act on any case or question 

submitted by the Texas Department of Public Safety." Section 

21A; Article 6687b. 

It is our conclusion that the Texas Department of Public 

Safety has the authority to administer the attitude and driver 

knowledge tests referred to in yourfirst question to determine 

the driver applicant's fitness to operate a motor vehicle 

safely upon the highways, provided, however, the Department 

finds such tests in its judgment to be reasonable, suitable, 

and necessary to test driver applicants under the statutory 

responsibilities conferred upon the Department. We also 

have concluded that the Department has ample authority, in 

cooperation with other state agencies and interested persons, 

such as the Texas Department of Health and the Brasos Valley 

Crises Intervention program, to screen medically eligible and 

problem applicants to determine whether their disability or 

incapacity will permit the,safe operation of a vehicle on 

completion of a rehabilitation program. 

This office has previously interpreted Article 668733 

and concluded that whenever in the judgment of the Director 

of the Department of Public Safety a licensee or one whose 

license was suspended for driving while intoxicated is incapable of operating a vehicle, either because of physical or 

nervous defects or advanced years~, the Director has the authority to require him to submit to an examination to determine his 

ability safely to operate a vehicle. Attorney General Opinion 

Nos. -O-4975(1942); O-7281(1946). 

Your final question inquires whether a judge, under Section 

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Honorable Wilson E. Speir, page 5 (M-1108) 

22(e) of Article 6687b.may require as a condition of probationthe attendance at and satisfactory completion of a 

rehabilitation program. We hold that in his discretion he 

may clearly do so. Section 22 concerns the authority of 

the Department to suspend or revoke a license. Section 22e 

provides: 

"The judge or officer holding a hearing. . . 

or the court trying an appeal under Subsection(c) of this section, on determininq 

that the license shall be suspended or revoked, may, when it appears to the satisfaction of the court that the ends of justice 

and the best interests of the public as well 

as the defendant will be subserved thereby, 

recommend that the revocation or suspension 

be probated on terms and conditions of such 

probation. Whenprobationis recommended by 

the judge or officer presiding at a hearing, 

the department shall probate the suspension 

or revocation." 

We have earlier observed-that Section 24A makes provision for a rehabilitation school and program, and Subsection(c) provides the Department with express authority 

to "require a person to attend the education and training 

program as a~condition to the reinstatement of a suspended 

license or .the ~issuance of a new license to a person whose 

prior license has been suspended." Thus, our conclusion 

under Section 22(e) as to the authority of the court is in 

harmony and consistent with the spirit and legislative purpose and intent under Section 24A as to the authority of 

the Department. 

It is our opinion that if there is a probation of the 

revocation and suspension of the license, and the judge finds 

that the applicant's fitness to operate his motor vehicle 

safely is such that the interests of justice, the public, 

and the driver will be subserved by his required attendance 

and completion of the rehabilitation program, the court is 

empowered to require such attendance and completion of the 

rehabilitation program as a condition of probation. 

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Honorable Wilson E. Speir, page 6 (M-1108) 

SUMMARY 

The Texas Department of ~Public Safety may, 

pursuant to Article 6687b, V.C.S., administer 

a Siebrecht Attitude Scale, the Sixteen Personality Factors Questionnaire and the National Test 

in Driver Education as a pre and post course 

testing program, in correlation with violation 

and accident records, to determine if such profiles may be used as a diagnostic instrument in 

initial and relicensing of drivers, provided the 

Department finds that such driver attitude and 

knowledge tests are reasonable, suitable, and 

necessary in testing drivers under the statutory 

responsibilities of the Department. 

Article 6687b, V.C.S., is sufficiently 

comprehensive to permit the Department, in cooperation with other persons and state agencies, 

to screen medically eligible and problem applicants to determine whether their disability or 

incapacity will permit the safe operation of a 

vehicle on completion of a rehabilitation program. 

Under Article Section 22(e) of Article 

6687b, V.C.S., the Court may require,as a condition of probation the attendance at and satisfactory completion of a rehabilitation program. 

s very truly, 

Attc#ney General of Texas 

Prepared by Guy C. Fisher 

Assistant Attorney General 

APPROVED: 

OPINION COMMITTEE 

Kerns Taylor, Chairman 

W. E. Allen, Co-Chairman 

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Honorable Wilson E. Speir, page 7 

Larry Craddock 

Mel Corley 

Fisher Tyler 

Scott Garrison 

SAMUEL D. MCDANIEL 

Staff Legal Assistant 

ALFRED WALKER 

Executive Assistant 

NOLA WHITE 

First Assistant 

(M-1108) 

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