June 23, 1975
The Honorable Wilson E. Speir Opinion No. H- 631
Director
Texas Department of Public Safety Re: Whether a person applying
330~ 4087 for an occupational drivers license
Austin, Texas 78773 must give proof of an automobile
liability insurance policy to the court
or to the Department oft Public Safety.
Dear Colonel Speir:
You have requested our opinion concerning a recently enacted amend-
ment to article 668713, section 25a, V. T. C. S. See, 64th Leg. , Senate Bill 58
(1975). The Act applies to convictions of any offense for which driver’s
licenses are automatically suspended, providing in part:
If, by order of the court, the person convicted is
not confined or imprisoned, the court may enter an
order restricting the operation of a motor vehicle
to the person’s occupation . . . provided the person
gives proof of a valid policy of automobile liability
‘ms’urance in accordance with the provisions of the
Texas Motor Vehicle Safety-Responsibility Act, as
amende~d. (Emphasis added).
The Act further provides that the judge shall ‘be able to grant the
occupational license for a period longer than twelve (12) months provided the
person “give[ s] proof to the Department of Public Safety of a valid policy of
automobile liabilrt,y insurance in accordance with the Texas Motor Vehicle
Safety-Responsibility Act. . ” Additionally, the Act requires the surrender
of all driver’s licenses and the’forwarding of such license to the Department of
Public Safety along with t,he record of conviction and the court order. The
Department is thereupon to issue the restricted Hcense.
Your question is whether the original proof of insurance must be sub-
mitted to the Depart,ment, or only to the court issuing the order. The Act ex-
pressly requires such proof to be submitted to the Department when “the order
is granted for longer than a twelve (12) month period. ” You note that unless
proof of insurance is submitted to the Department in al.1 instances,
p. 2790
The Honorable Wilson E. Speir - Page 2 (H-631)
[t] he person granted the occupa,tional license could cancel
the policy immediately after he receives his license, and
the Department would have no way of knowing of the cancel-
lation.
Prior to the issuance of an occupational license a person must ‘I[ give]
proof of a valid policy of automobile liability i,nsurance in accordance with the
provisions of the Texas Motor Vehicle Safety-Responsibility Act. . . , “which
is article 67Olh, V. T. C. S. That Act requires proof of insurance to be sub-
mitted to the Department. Sets. 13(c), 19(a), 20(a). In our opinion a person
“gives proof of a valid policy. . . in accordance with [article 6701hl” only
when he submits such proof to the Department. Accordingly, such proof must
be submitted to the Department prior to the issuance of an occupational. driver’s
license.
SUMMARY
Proof of a valid pol,icy of automobile liability insurance
must be submitted to the Department of Public Safety
prior to the issuance of an occupational driver’s license.
Xery truly yours,
!&a%\ (77L m
JOHN L. HILL
Attorn,ey General of Texas
tant
Opinion Commit.tee
jad
p. 2791