-
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. 2d126 (Tex. Crim. 1942); Carter v. City of Norfolk,
147 S.E. 2d139 (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