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1944 Book 3 Texas Attorney General Reports and Opinions 1 (1944)

handle is hein.sag/sagtx0190 and id is 1 raw text is: TiE ArWoMNY flENE RAE. \MR-W Ol r TEXAS Grover Sellers Auwrn 11. TRSAS Honorable Homer Garrison, Jr.,, Director. Texas Department of Public Safety Camp Mabry Austin, Texas Attention: Honorable J. B. Draper Drivers' License Division Opinion No,* 0-6142 Re; Restoration of drivers license Dear Sirs where suspension was not an incident of a conviction for a criminal offense. We quote from your letter as follows: We are in receipt of a copy of the above captioned opinion (0-6052), which states that the Governor has the power to restore a license that has been autmat;ically sus- pended as a result of being convicted of the offense of 'driving a motor vehicle while under the influence of in- toxicating liquor,, but does not state whether or not the Governor has the power to restore the driver's license of a person whose license has been suspended by the Depart- ment under the authority vested in the Department under Section 22 of Article 6687b, Vernon's Texas Statutes. Since the opinion furnished Mr. Guinn does not seem to answer the-above question, we respectfully request that you advise us concerning same. In our opinion No. 0-6052, we ruled that the Governor has power, after conviction, on the recommendation of the Board of Pardons and aroles, to remit forfeitures in all criminal cases; that this pardoning power would extend to a driver's license which had been suspended automatically as a part of the penalty after conviction for the offense of driving an automo- bile while under the influence of intoxicating liquor. Our ruling in that opinion would apply with equal ,force to the other offenses mentioned in Section-24 of Article 6687v, V.A.C S., for which an automatic suspension is prescribed, A different rule applies, however, to the question you presente Section 22 of the same statute sets forth certain conditions under which the Department of Public Safety, independent of a criminal conviction, is authorized to suspend a driver's license. The Department, for example,

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