. . . 

OEWEY GENERAL 

OF TEXAS 

Col. Wilson E. Speir, Director 

Texas Department of Public Safety 

5805 North Lamar 

Austin, Texas 78751 

Opinion No. M-461 

Re: Application of Article 668713, 

Vernon’s Civil Statutes, as 

amended by Senate Bill 743 of 

the 61st Legislature, R. S., 1969, 

to suspended driver’s licenses 

under Sections 22 and 24, of 

Article 668713, Vernon’s Civil 

Statutes, and Sections 5b, 7, 14 

and 17 of Article 67Olh, Vernon’s 

Civil Statutes 

Dear Colonel Speir: ,. 

In your recent request concerning the above captioned matter, you have 

asked this office for an answer to the following three questions (which are grouped 

since they are closely identical): 

Questions 1, 2, & 3~ Must an individual whose driver’s license 

has been suspended furnish proof of financial responsibility as required by Article 

6701h, Vernon’s Civil Statutes, in order to 

obtain an occupational license under the terms 

of Article 66874 as amended by Senate Bill 

743 of the 61st Legislature, R. S., 1969, where 

the suspension has occurred under the provisions 

Of: 

1. Section 22, Article 66874 Vernon’s 

Civil Statutes 

2. Section 24, Article 66874 Vernon’s 

Civil Statutes 

3. Sections 5b, 7, 14, 17, Article 6701h, 

Vernon‘s Civil Statutes 

- 2285 - 
Col. Wilson E. Speir, page 2 (M- 461) 

Examination of the various sections of Article 668713 and 6701h cited in 

your questions reveals that the enumerated sections provide for suspensions 

of different types. Section 22 involves suspension after hearing, whereas 

Section 24 governs automatic suspensions upon final conviction of various driving 

offenses. Sections 5b, 7, 14 and 17 of Article 6701h (known as the Texas Safety 

Responsibility Law) all involve suspensions having to do with noncompliance 

with the Article such as failure to provide financial responsibility following an 

accident. 

The answers to all of your questions are affirmative. 

Senate Bill 743 amends Article 6687b by adding Section 23A. This section 

provides for the obtaining of an “occupational” driver’s license after a previous 

license has been suspended. Subsection (a) of Section 23A begins by providing 

that “any person whose license has been suspended for causes other than physical 

or mental disability or impairment may file” a petition in district court seeking 

an “occupational” license in conformity with the section. The subsection also 

requires that the applicant provide the court with “proof of a valid policy of 

automobile liability insurance in accordance with the provisions of the Texas 

Safety Responsibility Law” 0 Subsection (b) of the same section further provides 

that upon receipt of the court’s order by the Department of Public Safety, and after 

compliance with the provisions of the Texas Safety Responsibility Law, the 

Department shall issue the license. .~) 

In answering your questions affirmatively, it seems cI,ear from the amendment that it was the intent of the Legislature to require allapplicants seeking an 

“occupational license” to comply with the Texas Safety Rxponsibility Law. This 

compl,iance is twofold. Subsection (a) requires proof of compliance in the 

district court, while Subsection (b) requires compliance as a condition to the 

issuance of a license by the Department. Any suspended applicant whose suspension was caused by mental or physical disability or impairment, whether in accord 

with one of the cited sections or not, could not make application under the 

amended provision, but short of that, all other applicants would be eligible to 

have their license repYaced by a limited’occupational” license and would have 

to comply with Section 23A, 

SUMMARY 

An individual whose license has been suspended under the provisions of 

(1) Section 22, Article 668733, Vernon’s Civil Statutes, 

(2) Section 24, Article 668733, Vernon’s Civil Statutes, or 

- 2286 - 
Col. Wilson E. Speir, page 3 (M-461) 

(3) Sections Sb, 7, 14, 17, Article 6701h, Vernon’s Civil Statutes 

must furnish proof of a valid policy of automobile liability insurance in 

accordance with Article 6701h, Vernon’s Civil Statutes and must further comply 

with Article 67014 Vernon’s Civil Statutes, in order to obtain an occupational 

license under the terms of Article 6687b. Vernon’s Civil Statutes, as amended 

by Senate Bill 743 of the 61st Legislature. 2 

Prepared by Thomas F. Sedberry 

Assistant Attorney General 

APPROVED: 

OPINION COMMITTEE 

Kerns Taylor, Chairman 

George Kelton, Vice-Chairman 

Jay Floyd 

Houghton Brownlee e Jr I 

BiPl Corbusier 

John Grace 

MEADE F. GRIFFIN 

Staff Legal Assistant 

HAWTHORNE PHILLIPS 

Executive Assistant 

NOLA WHITE 

First Assistant 

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