Untitled Texas Attorney General Opinion

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