The Attorney General of Texas
January 29, 1980
MARK WHITE
Attorney General
Ross Newby, Executive Director Opinion No. m-1 34
Texas Commission on Alcoholism
Sam Houston State Office Building Re: Applicability of article
201 East 14th Street 4413(29c), V.T.C.S., to schools
Austin, Texas 78701 providing classroom instruction for
the education of alcohol related
traffic offenders (DWI).
Dear Mr. Newby:
You have asked whether schools providing classroom instruction for
the education of alcohol related traffic offenders, i.e., DWI offenders, and
charging fees for the instruction, are to be considered commercial driver-
training schools under article 4413(29c), V.T.C.S., thereby requiring licensing
by the Department of Public Safety, or whether such a school would be
governed by section 6c, article 42.13, Code of Criminal Procedure, Chapter
654, Acts of the 66th Legislature, 1979.
Article 4413(29c), in section l(a), defines “Commercial driver-training
school” as
[Alny enterprise conducted by an individual,
association, partnership, or corporation, for the
education and training of persons, either pram
or theoretically, or both, to operate or drive motor
vehicles and charging a consideration or tuition for
such services.
(Emphasis added).
Section 6c, article 42.13, Code Crim. Proc., chapter 654, Acts of the
66th Legislature, provides:
If a person convicted of an offense under Article
6’7011-1, Revised Civil Statutes of Texas, 1925, as
amended, is placed on probation, the court may
require, e that the
defendant attend an educational program approved by
the Texas Commission on Alcoholism, the Texas
P. 431
Ross Newby - Page Two (~~-134)
Department of Public Safety, or the Office of Traffic Safety
designed to rehabilitate persons who have driven while intoxicated.
The judge shall waive this requirement, however, if no program is
operated within 60 miles of the defendant’s residence.
(Emphasis added). Acts 1979, 66th Leg., ch. 654, at 1518.
By enacting article 4413(29c), it is clear that the legislature intended to provide for
the licensing by the Department of Public Safety of all commercially operated driver-
training schools and programs within the state, except those specifically exempted under
section 2 of the article.
Section l(a) of article 4413(29c) describes an affected enterprise as one operating
“for the education and training of persons . . . to operate or drive motor vehicles.”
(Emphasis added). The substance of article 4413(29c) is directed at the licensing of
commercially operated schools and programs designed to train drivers or potential drivers
in the fundamentals of operating motor vehicles. It is essentially a theory and skills
training course which is contemplated Program approval is required only from the
Department of Public Safety because of its obvious interest and necessary jurisdiction in
the area of safe driving practices. Such programs do not require review or approval by the
Commission on Alcoholism because it has no direct interest or necessary expertise in the
normal course of driving events.
Section 6c of article 42.13, Code of Criminal Procedure, as amended by the 66th
Legislature, however, contemplates “an educational program . . . designed to rehabilitate
persons who have driven while intoxicated.” The participants in such a program are
presumably experienced drivers holding valid operators licenses and already possessing the
fundamental skills which would be the subject matter of the programs covered by article
4413(29c). Indeed, the curriculum of the program provided for in section 6c must be
designed to “rehabilitate” persons on probation for the offense of driving while
intoxicated, and such program must be “approved by the Texas Commission on Alcoholism,
the Texas Department of Public Safety, op the Office of Traffic Safety.” (Emphasis
added). Its special purpose, standards, and content are directed at a distinct and separate
goal from the normal skills driving courses, and by allowing for program approval by
alternative agencies, the legislature clearly did not intend that approval should also be
required under a separate statute by the Department of Public Safety.
SUMMARY
Schools providing classroom instruction for the education of alcohol
related traffic offenders and charging fees for the instruction
under section 6c, article 42.13, Code of Criminal Procedure,
Chapter 654, Acts of the 66th Legislature, 1979, cb not come within
the definition of commercial driver training schools in article
4413(29c), V.T.C.S.
m;g
h
Attorney General of Texas
P. 432
Ross Newby - Page Three (~~-134)
JOHN W. FAINTER, JR.
First Assistant Attorney General
TED L. HARTLEY
Executive Assistant Attorney General
Prepared by Bob Gammage
Assistant Attorney General
APPROVED:
OPINION COMMITTEE
C. Robert Heath, Chairman
David B. Brooks
Bob Gammage
Susan Garrison
Ed Garvey
Rick Gilpin
P. 433