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

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\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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