GROVER SELLERS 

X Im 

Honorable Jouette Bonner 

County Attorney 

Jack County 

Jacksboro, Texas 

Dear Sir: Opinion No. o-6647 

Re: Suspension of driving privileges of a discharged 

serviceman who has been 

convicted of driving while 

intoxicated during the period 

of his exemption from the 

requirement of a drivers' 

license as provided for in 

Senate Bill 109, 49th Legislature.. 

we have received your letter of August 28, 1945, wherein you 

request an opinion of this department with respect to the 

following facts in substance: 

An honorably discharged serviceman, who is exempt from the 

requirement of a~ drivers' license for a period of six months 

after discharge by virtue of senate Bill 109, 49th Legislature, 

has been convicted of the offense of, driving while intoxicated. 

Said conviction automatically suspends a erson's drivers' 

license under the Texas Drivers’ License E aw. You then ask 

this question: "Does the conviction prevent them driving for 

six months from the sentence, or, when they apply for a 

license will they be denied the license for six months or 

issued the license and then it cancelled for six months?" 

By Acts 1945, 49th Legislature, R. A S t~.,l,“hiIkl page 5’9, the 

Legislature amended Chapter 173, r Section 3, Acts 

of the 47th Legislature, 1941, "Drivers' Likense Law", by 

adding subsection 6, which reads as follows: 

"Sec. 3. What persons are exempt from license. 

"The following persons are exempt from license hereunder: 

1; () 

. Any person in the armed forces of the United Otates-who 

is on leave or furlough or may be temporarily absent from his 
Honorable Jouette Bonner - page 2, o-6647 

or her post of duty, or who has been honorably discharged from 

the armed forces of the united Dtates of America for not more 

than six (6) months. . . ." 

Section 24, Art. 4, of the aforementioned Chapter 173, provides 

for the automatic suspension of the drivers' license upon conviction of any of several offenses, among which is f12. Driving 

a motor vehicle while under the: influence of intoxicating 

liquor or narcotic drugs." This section further reads that 

the suspension above provided for shall be in the first 

instance a period of six ~(6) months. We wish to particularly 

point out that this se&ion of the statute provides for the 

automatic suspension of the "license" of the driver convicted 

of driving while intoxicated. Obviously, where there is no 

license, none may be automatically suspended, which isthe case 

here. Therefore, 

negative. 

we answer each part of your question in the 

In an opinion of this department dated July 29, 1943, to the 

Honorable J. B. Draper, 'hief, 3rivers'.License Division, 

Department of Public Yafety of the State~of Texas, it was held 

that when a person has never been issued a license his 

driving privilege cannot be suspended under the said section 

24. We quote the following language therefrom: 

"An official license may be said to be a permission granted by 

pubIic authority to perform certain acts which are forbidden by 

law except to persons obtaining such permission. Hoetllng vs. 

City of San Antonio, 85 Tex. ,228, 20 S.W. 85, 16 ~..R'.A.,608. 

The-term 'license' may be used to designate the permission 

itself. .There can be no suspension proceeding instituted to 

suspend a driving privilege which is not existent by reason 

of the fact that the person has not been issued a drivers' 

license." 

Any action taken in this case by the Department of Public 

safety, should this serviceman apply for a license at the 

termination of his exemption period, may be that as taken in the 

case of an ordinary application for license under Article II 

of the Drivers' License Law entitled 'Issuance of license, 

Expiration, and Renewal." 

Yours very truly 

ATTORNEY GENERAL OF TEXAS 

s/ Eugene Alvis 

BY 

Eugene Alvis 

a/ Jack K. Ayer 

JKA:zd/cg BY Jack K. Ayer 

Approved Opinion Committee By BWB, 

.,~. 

Chairman