OFFICE OFTHE ATTORNEY GENERALOF= 

AUSTIN 

Honorable Romer Garrison, Jr., Dlreotor 

apartment of Publiu Safety 

O~=P llabrg 

ILwtin, texM 

AtteIltlont Mr. J. 8. Draper 

Bsar slrt opinion PO. O-403& 

Rer Isauanoe of driver's lieens to 

a a&nor under 16 ysarr of age. 

We huve reaelvsd your 1ott.r of W@ptmber 23, 19.941, 

vhloh ve quots in part aa follolrrt 

"we shall. greatlg appreoiate it if j0u~rll.l 

pleaae give ~8 hour oplnlon on the following quertiont 

%hsn & aounty $&go givQs authorlsat~fon for 

ismanoe of liaswe to a minor under .a6 yeari of 

ago and over 14 yeare of age, and do+ not rhov 

ths neaes8lty, but the llcrener vlll Ibe used to 

drive an antomeb%le for pleaanre, etc., do we have 

the authorltp to refuse lssuanoe of license?@ 

Bubsdctlon 1, Qeotion 4, Hour4 Bill Ilo. 2$ Aota 

.?ort;T-seventh Leglrlature, Regular $easion, la queted a6 iollowr 

'The De~tment ehall imt lreue any llaense 

m&e 1% neoesssry for euah person to be lie(rased 

as an operator; provided, howmoP, that in-~40 event 

aball an operator's liaense a? 

to any person less then fourteen "T 

oless be pmea 

14) pare Of aget.* 

(Emphasis supplied) 

I 
Honorable Homer Qarrleon, Jr., PagQ 2 

Tiwa, we see that under above quoted provisions the 

county judge may after fnvestlgatlon authorize the Department 

of public Safety to issue a J.ioense to a pemon under 16 but 

over 14 yeare of age "vhen, in hle (the county judge's) opinion, the person apply- Is qualified and conditions exist 

vhloh make it necessary Sor such Person to be licensed aa an 

operator." (Parenthetical insertion Ours) The determlaatlon 

of the existence of condltlons aiag nQCesBary the issuance 

of the license la a matter solely fOF the county jud,gQ. A 

written authorlzatloo from the county ju&e is required, but 

the statute does not require that the authorlzatlon shop the 

n40easlty. After a vrltton authorization is rQoelvQd by the 

Department of Public Safety, It then becomes the duty of that 

deputmQnt to lseue a lloense to the applicant. 

The determination by the county judge, aStep l&estigetion, that there 1s 8 ne04ss~tY requlrlng the lseuanae 15s a 

lloowe~ls in the nature OS a oourt order vhlah, ln our opinion, 

la bIndIng upon the Department OS Public Safety. gee Oplnlon 

Ho. o-1079. 

You are respecthilly advised that necessity does not 

have to be shown by the county dudge ln his vrltten authorizatian to the Department OS Public Safety to issue an ape&attir's 

llomae to a person under 16 but not less than 14 yearo’of sg~, 

and th4 Deparbwnt of Pub110 Safety may not r4SusQ to lrsu4 a 

lie~nse because of the Saot that su0h neoQs8ity Is not shown. 

Houeve~, we do not believe that it was the legislative 

intent to place persons under 16 but not less than 14 years of 

age, sob to whom the county judge ,authorlced the Department OS 

Public Sifety to iesue a license, In a more desirable class than 

that occupied by other applicants; but on the other hand ve feel 

that it vas intended that such PeTsOns be plaoQd in the same 

category es any other applicant. 'PhBreSore, th4 mpartment of 

Public Safety may refuse to lssu~ a Xloense to such person lt he 

oomes wlthln any of the provislona vhlch diaqualifg him. gee 

SeCtiOn 4 of House Bill NO. 200 

YtlurE very truly 

pI%T ASSISTANT 

ATWRNEY G-~ 

W3Pej