December 16, 1957 

Honorable Homer Garrison 

Director, Texas Department of 

public Safety 

Austin, Texas 

Opinion No. WW- 325 

Re: Whether the County Attorney, 

Mstrict Attorney or Crirlnal District Attorney, 

respectively, has a duty to 

represent the State in appeals and other actions In 

the local courts resulting 

from acts and orders of the 

Department of Public Safety, 

pursuant to the SafetyResponsibility Act (Art.6701h, 

Dear Mr. Carrlson: V.C.S.) and related questions. 

We have received your letter of November 18, 1957, 

submitting several questions for the opinion of our department. These questions amount to but one proposition, that is, 

is there a duty upon the district attorney, county attorney, 

or criminal district attorney, as the case 'may be, to represent the Department of Public Safety and, consequently, the 

State of Texas in appeals and other actions resulting from 

acts and orders from the Department of Public Safety pursuant 

to the Safety-Responsibility Act (Article 6701h, V.C.S.). 

The statutes of the State of Texas are very confusing concerning the powers, rights, and duties of county attorneys, 

district attorneys and criminal district attorneys. However, the 

Constitution of the State of Texas, in Section 21 of Article V, 

imposes upon county attorneys the following duty: 

"The county attorneys shall represent the 

state in all oases in district and Inferior 

courts in their respective counties, but if 

any county shall be included in a district In 

which there shall be a district attorney the 

respective duties of district attorneys and 

county attorneys shall in such counties be 
Honorable Homer Garrison, page 2. (m-325) 

regulated by the Legislature." 

Accordingly, in any county in which there is a 

county attorney, the duty evolves upon such county attorney 

to represent the Department of Public Safety, which is but 

an agency of the State of Texas In the district and Inferior 

courts in appeals and actions arising from the operation of 

the Safety-Responsibility Act. 

We have been unable to find any general duties 

placed upon the district attorneys of the State to represent 

the State in civil actions In the district or Inferior courts 

of the counties or districts which they represent. The duty, 

powers and responsibilities of the district attorneys depend 

upon the statutes which create their positions, and in each 

particular instance the statute creating the office of the 

district attorney must be referred to, to determine if such 

district attorney has the duty to represent the Department 

of Public Safety in the appeals and actions above referred to. 

Criminal district attorneys exist In the State of 

Texas In lieu of the district and county attorneys In the 

county in which they have been established. Neal v. Sheppard, 

209 S. W. 2d 388 (Tex. Civ. App. 1948); Art. P S 21 T 

Const. They succeed to the powers of both the d&l& a::' 

county attorneys in such counties and, accordingly, under the 

power generally given to the county attorney by the provisions 

of Section 21 of Article V of the Texas Constitution, would 

have the duty to represent the State in all cases In the dlstrict and inferior courts in their respective counties. 

Our holding 'may be summarized as follows: Any county 

attorney has the duty to represent the State in appeals and 

actions resulting from the operations of the Safety-Responslbility Act, since the Department of Public Safety Is the agency 

affected and is an agency of the State of Texas. Criminal district attorneys, because of their succession to the powers of 

the county attorneys In the counties in which they are created, 

have the same duties as county attorneys with respect to actions 

arising from the Safety-Responsibility Act. District attorneys 

have duties with respect to the civil actions arising from the 

operation of the Safety-Responsibility Act in accordance with 

the Individual statutes creating their position, there being 

no general statute concerning or governing their duties in the 

realm of representation of the State. 
Honorable Homer Garrison, page 3. (w-325) 

SUMMARY 

County attorneys and criminal district 

attorneys shall represent the State 

(Department of Public Safety) In local 

courts In appeals and actions resulting 

from acts and orders of the Department 

of Public Safety pursuant to the SafetyResponsibility Act (Article 6701h, V.C.S.). 

The duties of district attorneys in this 

respect depend upon the specifla legislative act creating their position. 

Very truly yours, 

WILL WILSON 

Attorney General of Texas 

JHM:zt 

APPROVED: 

OPINION COMMITTEE 

Geo. P. Blackburn, Chairman 

Mrs. Marietta McGregor Payne 

B. H. Timmins, Jr. 

Fred Werkenthin 

Assistant 

REVIEWEDFORTHE ATTORNEY GENERAL 

BY: James N. Ludlum