Untitled Texas Attorney General Opinion

R-840 October 17, 1947 Hon. R. L. ~ZhitehGad, Opinion No. V-408 Criminal District Attorney, Gregg County, Re: Construction of H.B. Longview, Texas 120, 50th Leg., with respect to authority of a court to enter a judgment assessing a Pine for drunken driving but probating the suspension of driver ‘9 license. Dear Sir: You request our opinion upon the above sub- ject matter, in connection with which you advise as fol- lows: *An individual is convicted of drunken dri.ving and ‘asse’ssed a fine of $75 .OO and costs, oan the Court under the provisions of Housebill No. 120 called the Adult Parole and Probation Law, fo\in8 on Page 1050 of the Vernon’s Texas Session Law Servioe effective September 6, 1947, enter a judgment causing the fine to be paid but probating the suspen- sion of the driver’s license as provided for in Artiole 6687-B,,found fn Sec. 24, sub- paragraph 19, Vernon’s Texas Civil Statutes.” Houee BillNo. 120 of’ the 50th Legislature, p. 1049, oommonly known as’ the Adult Probation and Pe- role Law, wherein it deals with probation and parole of one convicted of an offense, does not apply to the sus- pension of a driver’s license a8 provided for in Arti- ole 6687-b of Vernon’s Civil Statutes. It is concerned wholly with the infliction of the punishment imposed up- on one by conviction of an offense, and has nothin to do with suspending or superseding orders of the kind mentioned by you. Under that Act it is the on ‘probat ion or parole. Further, thi; Adult Law specifically deals with persons who -would otherwise be imprisoned, and it is the imprisonment which is SUS- pended. Prom this it follows your question should be answered in the negative. Hon. R. L. Whitehead - Page 2 iV- k,d ) House Bill No. 120 of the 50th Legisla- ture confers no authority on the Court upon a oonviction of one for any of the offenses defined by Section 24 of Article 6687b, Ver- non’s Civil Statutes, to *probate” the auto- matia euepenaion of the driverpa license provided for in the latter article. Yours very truly, ATTORNEY GENERALOF TEXAS BY O&et& I OS:wb Assistant APPROVED : ATTORKEY GEUERAL