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## 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 22and 24, of Article 668713,Vernon’s Civil Statutes, and Sections 5b, 7, 14 and 17ofArticle 67Olh, Vernon’s Civil Statutes Dear Colonel Speir: ,. Inyour 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

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Examination of the various sections ofArticle 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 ofvarious driving offenses. Sections 5b, 7, 14and 17of Article 6701h (known as the Texas Safety Responsibility Law) all involve suspensions having to do with noncompliance with the Article such as failure toprovide financial responsibility following an accident. The answers to all ofyour 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 thanphysical or mental disability or impairment may file” a petition indistrict 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. .~) Inanswering 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

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(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: OPINIONCOMMITTEE Kerns Taylor, Chairman George Kelton, Vice-Chairman JayFloyd Houghton Brownlee e JrI BiPlCorbusier John Grace MEADE F. GRIFFIN Staff Legal Assistant HAWTHORNE PHILLIPS Executive Assistant NOLA WHITE First Assistant

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