THEA'ITORNEYGENERA
~8
OFTEXAS
AUSTIN.TEXAS
FAOAN DICXSON
IRIT-
April 26, 1948
Hon. Ralph R. Rash Opinion No. Y-554
County Attorney
Hopkins County Re: Court CO8ta for hear-
sulphur springs, Texas ing t0 8UspeIid dIdVer’8
lic6nse under Sec. 22,
Art. 6687b,Y. c. s.
\
Dear Mr. Rash:
Your request for an opinion of this department
is substantially as fOllOV8:
“I have.been asked for an opinion
. comeMIng the payment of court
Eoits in heatiiks held linder the provl-
sibns of Sec. 22 of Art:668’p. The
Justice of the Peace Is still on the
fee system in oti county, and the quea-
tion is: Is the matter of costs gov-
erned by Articles 2430 and 2432 and
other general statutes?
“The practice of the Department of
Public Safety is to file these ,hearlngs,
ins the same ‘Inner as a civil’~ suit. . .
Suppose the defendant prevails, either
at the hearing in the justice court or,
in the appeal to County Court, To whom’
can the justice look for his costs? In
ordinary criminal cases the justice of
the p&ace lOOk to the county for hi8
costs. ,But in these hearinga under Sec.
22 there can be no payment of coats by
the county, for they are in the nature
(theoretically, at least) of civil casei.
The Department representative takes the
position that there is no provision for
the payment of costa, regardless of the
outcome. 1, cannot believe that the De-
partment Is entitled to cbme into court
as’& civil litigant without Incurring
the 88188 liabilities as tOnCOSt that
0 other litigants incur. . .
450 Eon. Ralph R. Rash, page 2 (V-554)
Section 22, Article 668’7b, V. C. S., is as
f 0110ws:
“Sec. 22. Authority of Department
to suspend or revoke a
license?
“(a) lJhen under Section 10 of this
Act the Director believes the licensee to
be incapable of safely operating a motor
vehlole, the Director may notify said ll-
censee of such fact and 8UmmOn8 him to ap-
pear for hearing as provided hereinafter.
Such hearing ahall be had not le88 than
ten (10) day8 after notification to the li-
censee or operator under any of the provl-
~1013sof this Section, and upon charges in
writing a copy of which shall be given to
aid operator or licensee not less than ten
10
9 1 days before said hearing. For the pur-
pose of hearing such cases jurisdiction is
vested in the mayor of the city, or judge
of the police court, or a jU8tiCe of the
peace in the county or subdivision thereof
where thenoperator orlicensee~~resides.
Such court mayadminister oaths and may
iSSUe subpoenaa for the attendance of Wit-
nesses and the production of relative books
and papers. It shall be the duty of the
court to set the matter for hearing upon
ten (10) days written notice to the Depart-
ment . Upon such hearing, in the’event of
an affirmative finding by the court, the
officer ,vho presides at such hearing shall
report the same’to the Department which
shall have authority to suspend said li-
cense for a period-not greater than one
(1) year, provided, however, that in the
event of 8UCh affirmative findlngthe li-
censee may appeal to the county court of
the county wherein the hewing was held,
said appeal to be tried de novo. Rotice
by registered mail to address shown on the
license of licensee shall constitute ser-
vice .Por the purpose of thla Section.
“(b) The authority to suspend the 11;
cense’of any operator, commercial operator,
or chauffeur as authorized In this Seotion
45%
Eon. Ralph R. Rash, page 3 (v-554)
i8 granted the bpaIbWnt upon determining
after 'proper hearing ashereinbefore set.
'ant that the licensee:
"1. ~&s committed anOffen8e for ..
which automatic suspension of liCen8e ,,
is made upon conviction;
"2. &is been responsible as 8,
driver for any accident resulting in
the death or personal injury of another
or sef;Ioua',property damage; ,'
3. Is an habitually reckless!or
negligent driver of a motor vehicle)
4. Is an habitual violator of thi
traffic law;
"5. I8 Incapable to drive a motor
vehicJe;
6. &8 permitted an anlaWfUl or
f&$jlent U8e of 8uCh license:
~' 7. Has committed an offense in
ahother State; which if coiimitted in
this State ,vould be grOWId for suspen-
8iOn or revocation;
' "8. lk8 failed or refused to 8Ub-
~,mit a report of any accident in which he :
was involved as provided in Section 39
of this Act."
A careful examination of the provlaions of the
General Appropriation Act, as It relates to the Depart-
ment of Public Safety, does not reveal any anthorisa-
tiOn.for the payment, Of Cost,8 a8 8et forth in yOUr Opin-
ioh request. Norhave we found any law which would auth
ox%se the payment of court costs by the Department of
Public Safety. While It map be true, as you have Indi-
cated; that the Department should~come Into uourt as any
other civil litigant, nevertheless, the duty of supply-
ing such authority for the payment of Court costs ia
vested wholly In the k+gi8latIVe. Section 6 of Article
VIII of the Constitution of Texas provides that no money
shall be drawn from the %?easurs but in DursUance of
specific a pro rlations made b -law. Plbkle v. Finley,
91 Tex. 43, 4$ s.W. 480 (18987.
It is a well established law that where the
Legislature imposes an additional duty upon an officer
without providing additional compensation therefor, he
must perform such duty without further compensation.
,
_.
452
Hon. Ralph R. Rash/page 4 (V-554)): ~'
B&ford v. Robinson,.112 Tex. 84, 244 s.w.807; kc108
v. Rarris County, Tex.:Com. App. 298 S.W. 417. There-
fore, it is the opinion of this department that the De-
partment of Public Safety is not authorized to pay
court costs or to make,a deposit for costs in a hearing
initiated pursuant to Section 22,; Article 6687b, V. C.
S.
SUMMARY
The Department of Public Safety la
not authorized to pay court costs or to
make a deposit for costs in a hearing
for the'pIirpO88~Of~suap8nding a drive*‘8
license pursuant to Section 22, Article
6687b, v. c. s.
Yours very truly,
AT’J?ORIiEX OF TRXAS
GEKEFtAL
APPROVED: