Untitled Texas Attorney General Opinion ( 1969 )

THE AITTBRNEY GENEECAL
OP a’lEXAS
Col. Wilson E. Speir, Director Opinion No..M~~07
Texas Department of Public Safety
5805 North Lamar Rc: Construction pf S.Bb
Austin, Texas 78751 No. 743, Act6 616t
WT. I R.S. 1969, re-
lating to hours of
operation under &i
occupational drivers'
Dear Colonel Speir: ..- license.
You have requested an opinion from this office concerning
occupational drivers' licenses under the provision6 of'
Senate Bill No. 743, Acts 616t Leg., R.S. ,1969, Chapter
612, page 1821, and particularly ask whether *the actual
hours to be driven during each specific period of time
must be definitely set out so that an enforcement officer
examining the license, which must contain the restrictions.,
wi.11 know by looking at his watch whether the driver is
violating the terms of the order and license."
your letter states that the department ha6 received
some orders wherein the restricted hours of vehicle operation
are Stated as "Any Ten (10) hour period between sunrise
alId SUIlSet,' and "Any Ten (10) hour period between 7:30
a.m. and 6:00 ~.rn.~* and that you can imagine other terms
which would tend to allow flexible use of the permit by
not stating definite hours.
Senate Bill 743 amends Article 668713, Vernon's .Civil
Statutes, by adding Section 23A, pertinent ~portione-of.
which read a6 follows:
"(a) Any person whose license has been
suspended for other than physical or mental
disability or impairment may file'with the
judge of the district ~court having juris-
diction with the.county of hi6 residence,
a verified petitiqn setting forth in detail
an essential need for'operatinq a motor
vehicle in the performance of his occupa-
tion or trade, o 0 o In the event the judge
enters the order findinq,an easentiql~need,'
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COl. Wilson E. Speir, Page 2, (U-97 )
a6 set out herein, he Shall also, as part
of such finding, determine the actual need
of the petitioner in operating a motor
vehicle in his occupation or trade and
shall restrict the use of the motor vehicle
to the petitioner06 actual occupation or
trade and the right to drive to-and from
the olace of emolovment of the oetitioner.
0 .'. Such res&i&ions Shall b: definite
as to the hOUr6 of the day0 days of the
week, type of occupation and areas or
routes of travel to be permitted, except
that in any event the petitioner shall
not be allowed to operate a motor vehicle
more than ten (10) hOUr6 in any twenty-
four (24) consecutive hours. o o o A
certified copy of the petition and the
court order setting out the judge's find-
ing and the restrictions Shall ,be for-
warded to the Department.
"(b) Upon receipt of the court order
set out in (a) above o o . , the Departmant
shall issue an occupational~licen6e~ show-
ing on its face the restrictions set ZiFin
the order of the court.
"(c) Any person who violates the res-
trictions on his OCcUpatiOnal license shall
be.quilty of a misdemeanor and upon wn-
viction~thereof shall be punished in the
same manner a6 one convicted of driving
a motor vehicle while lioense is suspended,.
and 6uCh occupational license Shall be
automatically cancelled." (Emphasis added..);
By enactment of Senate Bill 743 the Legislature created
a new right or privilege which is an exception to the general
laws relating to the operation of a motor vehicle after.
the suspension of a drivers' license.
It is an established mle of wnstruction that a'
statute constituting an exception to a qeneral,law
will be strictly construed and not extended by judicial
construction. 53 Tex. Jur.:Zd 309, Statutes, Sec. ,201.
Moreover, when a right i6 solely and exclu6ively of
Legislative creation, and does,not derive existence'. ftbm
Cal. Wilson E. Speir, Page 3, (u-507 )
the common law or principles of equity, and create6 a new
riqht by statute, the wurts will not extend the application
of the statute, but will limit it6 application to the .exact
words of the act, Johnson v, Darr, 114 Tex. 516, 272 S.W.'
1098 (1925);
._
Senate Bill 743 requires that upon finding an essential
need for an occupational drivers' license the court "shall
restrict the use of the motor vehicle,. and that '[sluch 're-
strictions shall be definite as to the hours of the day,- o a. .?
Webster'6 Third New International Dictionary define6
definite as having distinct or certain limits: determinat6
1n extent or character: limited, fixed: marked by absence
of the ambiguous, obscure, doubtful, or tentative ana by
certain clear statement or expression by means of flat
positive assertion, careful statement of limitation.
& is defined as one indifferently out of more than
two : one or scune indiscriminately or whatever kind; we
or another: this, that or the other.
Rence , an order restricting the use of a motor vehicle
to "any ten (10) hour period" between sunrise and sunset,
etc., 16 indefinite and does not comply with the Act which
require6 that Such restrictions "shall be definite" a6'to
the hOUr6 of the day.
In view of our analysis above, it is our opinion
that the order of a court finding an essential need for
an occupational drivers' license under the provisions of
Senate Bill 143 must set forth the actual hour6 to be
driven during each specific period of time with such def-
initeness and certainty that violations of the restrictions
may be determined by reference to a timepiece. Therefore,
we answer your question in the affirmative.
SUMMARY
A court order finding an essential need ~for
an occupational drivers' license under the pro-
visions of S,B, 743, Acts 61st Leg,, R.S. l9fi9,
Ch, 612, pa 1821 (Art. 6687b, Set, 23A, V.C.S.)
must set forth the'actual hours a motor vehicle
may be driven'durinq each specific period with
such definiteness and certainty that violations
of the restrictions may be determined by reference
to a timepiece.
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Cal. Wilson E. Speir, Page 4, (M-507 )
AttorBey General of Texas
Prepared by Monroe Clayton
Assistant Attorney General
APPROVED:
OPINION COMMITTEE
Kerns Taylor, Chairman
George Kelton, Vice-Chairman
Thomas Sedberry
Jack Sparks
Malcom Smith
Alan Minter
MEADE F. GRIFFIN
staff Legal Assistant
NOLA WRITE
First AsSiStant
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