Untitled Texas Attorney General Opinion ( 1956 )

February 24, 1956
Honorable Jack Ross, Chairman Opinion No. S-190
Board of Pardons and Paroles
Austin, Texas Ret Pardoning authority in
connection with suepen-
alon of a Texas Driver's
Lloenfje,or the right to
drive, as the result of
an out of State oonvic-
,Dear Mr. Ross: tion.
Your letter requests an opinion from this office on
two questions. The first asks for an opinion regarding the
authority of the Board of Pardons and Paroles to reaommend
and of the Governor of Texas to grant the reatoration.of an
operator's license whloh has been suspended as a result of
conviction of an offense itian adjoining State for which
Article 6687b, Vernon's Civil Statutes, authorizes suspension
of license.
Section 28 of Article 66871,states:
"The Department is authorizea to suspend or
revoke the license of any resident of this State
upon receiving notice of the conviction of suoh
person in another State of an offense therein
which, if committed in this State, would be grounas
for suspension or revocation of the lloense of an
operator, commeroial operator or chauffeur."
(Emphasis added.)
Seation 11 of Article IV of the Constitution of Texas
gives the Board of Pardons and Paroles the authority to recom-
mend and the Governor of Texas the power to remit fines and
forfeitures resulting from final aonvictlons In criminal oases.
It doea not plaoe the power In the hanaa of the Governor to
grant rights and privileges which have not been forfeited
through criminal convictiona. Ex parte Green 116 Tex. 515,
295 s.w.910 (1927); HT 143 !hex.572, 187 S.W.
26 549 (1945); 31 Tex. Jur, 12'60,Pardon, Sec. 5; Atty. Gen.
op. NO. O-6142.
Hon. Jaak Ross, page 2 (bpinion No. S-190)
.. the suspension of a license
.Inasmuch as _ under such
YecGlon 18 not a penalty annexes to a criminal convlot,ion,
Attorney General's Opinion No. o-6142 controls. Said opinion
reads in part as follows:
II
. . . the courts of this country have not
construed such constitutional provisions to au-
thorize executivB clemency in instances where
administrative agents, acting independently un-
der legislative authority, have for good cause
seen fit to cancel or suspend licenses or privi-
leges for the protection of the safety, the health,
or the morals of the people. Such independent
proceedings are not criminal but civil in nature
and are beyond the reach of the pardoning power
under the Constitution."
It is the opinion of this office that the Board of
Pardons and Paroles does not have the authority to recommend,
nor does the Governor have the authority to grant, the restore-
tion of an operator's license which has been suspended by the
State Department of Public Safety under Section 28 of Article
66871,as a result of a conviction in another State.
In your second question, you ask if the Boara of
Pardons and Paroles h&s the authority to recommend an8 the
Governor of Texas to grant a right to apply for and receive
an operator's license to drive in the State of Texas where
the license was issued anc¶the offense was committed in an
adjoining State.
Paragraph (a) of Section 29 of Article 6687b reads as
follows:
"(a) The privilege of driving a motor vehicle
on the highways of this State given to a non-
resident hereunder shall be subject to suspension
or revocation by the Department in like manner and
for like cause as an operator's, commercial opera-
tor's, or chauffeur's license Issued hereunder may
be suspended or revoked."
It is the opinion of this office that the Board of
Pardons and Paroles does not have the authority to recommend
nor does the Governor of Texas have the authority to grant
restoratdon of a non-resident's privilege of driving in this
State which has been suspended by the State Department of
Public Safety as &result of a conviction in another State.
Hon. Jack Ross, page ” (Opinion No. S-190)
The Legislature has provided no method of restora-
tion of a driver’s license or driving privilege under the
above circumstiances
.
SUMMARY
The Board of Paraona and Paroles c¶oeanot
have the authority to reoommena ana the Governor
does not have the authority to grant the reatora-
tlon of a Texas drlverls license which has been
suspenaea by the State Department of Public Safety
for & conviction In another State.‘ Likewise, the
Board of Pardons and Paroles does not have the au-
thority to recommend and the Governor aoea not
have the authority to grant restoration of a non-
resident18 privilege of arlving in this State
which has been suspended by the State Department
of Public Safety for a cofivictlonin another State.
The Legislature has providea no methoa.of restora-
tion in either case.
APPROVED t Yours very truly,
J. Fred Jones JOHN BEN SHEPPERD
State Affairs Division Attorner General
William Clark
J. A. Amis, Jr. Assistant
Reviewer
L. W. Gray
Special Reviewer
Davis Grant
First Assistant
John Ben Sheppard
Attorney General
WC/rt