March 29,1972

Honorable Wilson E. Speir Director, Texas Department of Public Safety 5805N. Lamar Blvd. Box 4087 Austin, Texas 78773

Dear Sir: Opinion No.M-1108
Re: Authority of Texas Department of Public Safety under Article 6687bV.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 toArticle 6687b, Section 10, administer a Siebrecht Attitude Scale. +he Sixteen Personality Factors Questionnaire, and theNational Test inDriver Education as apre and post course testing program, in correlation with violation and accident records, todetermine if suchprofiles may be used as adiagnostic instrument in initial and relicensing of drivers? (2) IsArticle 6687b,Vernon's Civil Statutes, sufficiently comprehensive topermit your Department, "incooperation with other persons and state agencies, such as theTexas Department of Health and the Brazos Valley Crises Intervention Program, to screenmedically eligible andproblem applicants to determine whether their disability will permit the safe operation of avehicle 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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probation the attendance at and satisfactory completion of arehabilitation program?"
We answer all three of these questions in the affirmative. In any construction tobe given to thevarious sections of Article 6687b in answering your questions, it iswell tonote first that a statute should be construed as awhole in order to arrive at thepurposes forwhich itwas enacted, andwords, phrases, or sentences should not be detached from the context in attempting todefine the legislative intent. National Surety Corp. v. Ladd, 131 Tex. 295, 115 S.W.2d 60-m.
InMundy v. Pirie - Slaughter Motor Co., 146Tex. 314, 206 S.W.2dCourt of Texas construed Article 6687b andheld that its "principal purpose" is to insure someminimum of competence and skill on thepart of drivers, for theprotection of those who might be injured or have their property damaged by negligent or reckless operation ofmotor vehicles on thehighway. Inview of this principal purpose and legislative intent, we will examine the pertinent parts of the statute. Section 4 ofArticle 668713not 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 aperson incapable ofdriving:" to those adjudged idiots, imbeciles, or feebleminded; "toanyperson when in the opinion of the Department suchperson is afflicted with or suffering from such physical ormental disability or disease aswill serve toprevent suchperson from exercising reasonable and ordinary control over amotor vehicle
. . .nor . . . to anyperson who isunable tounderstand highway warnings ordirection signs in the English language
. . .". In addition to these prohibitions, including blind persons, the Legislature prohibits licenses to "anyperson when the Department has good cause tobelieve that the operation of amotor vehicle on thehighways by such person would be inimical topublic safety orwelfare." Section 10 ofArticle 668733directs the Department to "examine every applicant for an operator's, commercial

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

. . .shall include a test of the applicant's vision, his ability tounderstand 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 amotor vehicle of the type he will be licensed to operate and such further physical andwritten examination as the Department finds necessary todetermine the applicant itness to operate amotor vehicle safe upon &e highways! andprovided further thatl%e Director s all have the authority to cause to be re-examined the licensee in any casewhich inhis judgment the licensee is incapable of operating amotor vehicle.
. .". (Emphasis supplied.) **‘ S**  **-**

Section 24~ ofArticle 6687bmakes provisions for rehabilitation schools and provides:

"(a) The Department shall estab.lishand develop aprogram ofmotor vehicle driver education and training fordrivers 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 theproper, lawful, and safe operation of amotor vehicle.
. . "(c) The Department may require aperson to attend the education and training program as a condition to the reinstatement of a suspended license or the issuance of anew license to a person whose prior license has been revoked. "(d) In the interest of promoting safe driving, theDepartment'may seek the advice and cooperation

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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 ofArticle 6687b. To assist in administering theAct, the Department is authorized a "MedicalAdvisory Board," which "shallbe comprised of licensed physicians (includingphysicians 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 toadminister the attitude anddriver knowledge tests referred to inyourfirst question todetermine the driver applicant's fitness to operate amotor vehicle safely upon the highways, provided, however, theDepartment 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 theTexas Department of Health and the Brasos Valley Crises Intervention program, to screenmedically eligible and problem applicants todetermine whether their disability or incapacity will permit the,safe operation of avehicle 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 onewhose license was suspended for driving while intoxicated is incapable of operating avehicle, either because ofphysical 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 avehicle. Attorney General Opinion Nos. -O-4975(1942); O-7281(1946).
Your final question inquires whether a judge, under Section

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22(e) ofArticle 6687b.may require as a condition of probationthe attendance at and satisfactory completion of a rehabilitation program. We hold that inhis 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 ahearing.
. .

or the court trying an appeal under Subsection(c) of this section, on determininq that the license shall be suspended orrevoked, may, when itappears to the satisfaction of the court that the ends of justice and the best interests of thepublic aswell 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 ahearing, the department shall probate the suspension or revocation."
We have earlier observed-that Section 24Amakes provision for a rehabilitation school andprogram, and Subsection(c) provides the Department with express authority to "require aperson to attend the education and training program as a~condition to the reinstatement of a suspended license or .the~issuanceof a new license to aperson 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 aprobation 

### ofthe revocation and suspension of the license, and the judge finds that the applicant's fitness to operate hismotor 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 ofprobation.

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SUMMARY The Texas Department of~PublicSafety may, pursuant toArticle 6687b,V.C.S., administer a Siebrecht Attitude Scale, the Sixteen Personality Factors Questionnaire and theNational Test inDriver Education as apre andpost course testing program, in correlation with violation and accident records, to determine if suchprofilesmay be used as adiagnostic instrument in initial and relicensing ofdrivers, 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 topermit the Department, in cooperation with other persons and state agencies, to screenmedically eligible andproblem 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) ofArticle 6687b,V.C.S., the Court may require,as a condition ofprobation the attendance at and satisfactory completion of a rehabilitation program.

svery truly,

Attc#ney General ofTexas Prepared by Guy C. Fisher Assistant Attorney General
APPROVED: OPINION COMMITTEE
Kerns Taylor, Chairman W. E.Allen, Co-Chairman

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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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