Untitled Texas Attorney General Opinion ( 1974 )


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  •                                             AUSTIN,         T-s                 78711
    January          17,    1974
    The     Honorable          James        R.     Arnold                             Opinion         No.     H-     212
    Traffic        Safety      Administrator
    Texas      Department             of Community                                     Re:      The     constitutionality             of funding
    Affairs                                                                   the State         Driver           Education         Program
    P. 0.      Box    13449                                                           with      a surcharge              on fines     for         moving
    Austin,         Texas       78711                                                 traffic     violations.
    Dear      Mr.      Arnold:
    You      have     asked       our     opinion     about         the constitutionality                  of funding        the
    State     Driver        Education           Program        with       a surcharge            on fines          for    moving      traffic
    violations.
    We      assume       “surcharge”,               as used         in your       request,          refers        ~to a charge
    similar        to those     made       pursuant          to Article        1083       of Vernon’s           Texas        Code      of
    ‘Criminal         Procedure           to finance         the Criminal              Justice        Planning           Fund.       Also
    see    Art.     42.12,      $ 6a,      T. C. C. P.
    A diligent         search       has     failed     to reveal            any   statute       in Texas           which     would
    currently         authorize          the collection             of such      a charge         for       such     a purpose.             Articles
    67Olj-1,        The     Texas       Traffic      Safety         Act     of 1967,      and 4413          (29c),        the Act     for
    licensing         commercial            driver-training                 schools       and instructors,                 do not.          Its
    collection         without      statutory         authority           would      be unauthorized.                    Articie      1011,
    T. C. C. P.
    Inasmuch           as there         is no statute         purporting             to permit         such       a charge          for
    such     a purpose,         and no legislative                  committee            is now considering                 a proposed
    enactment,           we have         nothing     to submit             to constitutiona.               scrutiny.         But     see:
    Ex parte        Carson,        
    159 S.W. 2d
    126 (Tex.  Crim.                    1942); Carter               v. City of Norfolk,
    
    147 S.E. 2d
    139 (Va.          1966);     State v. Anderson,                     
    234 S.W. 768
                  (Term.  1920);
    Ex parte        Miller,        
    263 P.2d 522
             (Okla.         Grim.      App.1953);           and Ex
    -- parte             Coffelt,
    
    228 P.2d 199
    (Okla.               Crim.      App.      1951).
    p.     994
    The   Honorable        James     R.   Arnold,        page   2    (H-212)
    SUMMARY
    In the absence         of a statute       or   a proposed          statute
    authorizing       the collection        of a surcharge             on fines     for    moving
    traffic     violations     to be used      in funding        the State        Driver
    Education       Program,        there     is no basis        for    testing     the constitu-
    tionality     of such    a levy.
    Attorney         General     of Texas
    Opinion     Committee
    p.    995
    

Document Info

Docket Number: H-212

Judges: John Hill

Filed Date: 7/2/1974

Precedential Status: Precedential

Modified Date: 2/18/2017