Allen v. StateAllen v. State
- Reporters:
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- Before:
- Hervey
Lead Opinion
OPINION
HERVEY, J.,delivered the opinion of the Court,
joined by MEYERS, PRICE, WOMACK, KEASLER, and HOLCOMB, JJ.The appellant was convicted by a jury of driving with a suspended license. The First Court of Appeals reversed her conviction holding that failure to pay a reinstatement fee did not continue the period of appellant’s license suspension beyond the statutory 90 day period. We affirm holding that at the conclusion of the statutory 90 day suspension period, the appellant’s failure to pay the $100 fee effectively rendered her status as one driving without a license.
The appellant was arrested on November 27, 1996, for suspicion of driving while intoxicated. After her arrest, she refused to submit to the taking of a specimen of her breath as requested. Because of her refusal, she had her driver’s license suspended for 90 days pursuant to Texas Transportation Code § 724.035.1 Her driver’s license was suspended by the Texas Department of Public Safety (DPS) from January 8, 1997, through April 5, 1997.
On August 22, 1997, more than four months after the suspension period ended, the appellant was involved in a traffic accident. The responding officer ran a check on her driver’s license and found that the license was still suspended. The appellant was unaware of the suspended status of her license. She had not received notice from DPS because she had moved without informing the Department of her address change. She was subsequently convicted by a jury and sentenced to 30 days in jail (probated for six months) and fined $160 for driving with a suspended license. DPS continued the suspension of the appellant’s driver’s license beyond April 5, 1997, because a $100 reinstatement fee had not been paid to the Department as required according to its reading of Texas Transportation Code § 724.046(a).2
The appellant’s conviction was reversed by the First Court of Appeals. The Court of Appeals found that § 724.046(a) of the Transportation Code did not continue the suspension of a driver’s license beyond the 90 day period prescribed under § 724.035 of the same code. Applying rules of statutory construction found in the Texas Gov-*777eminent Code,3 the Court of Appeals determined that the legislature intended § 724.046(a) of the Transportation Code to be a revenue raising provision to offset the cost of administering the license suspension program. The Court of Appeals did not find that the legislature intended § 724.046(a) of the Transportation Code to extend a period of suspension until the reinstatement fee was paid.
In analyzing the meaning of § 724.046(a) we begin by looking at its language. Ex parte Evans, 964 S.W.2d 643, 646 (Tex.Crim.App.1998). “If the language of a statute is not ambiguous, we must give effect to the plain meaning of its words unless doing so would lead to absurd results.” Ex parte Torres, 943 S.W.2d 469, 472 (Tex.Crim.App.1997). We read the plain language of the text of § 724.046(a) of the Transportation Code to require the procurement of a new license once the 90 day suspension period has expired and the $100 fee is not paid. Requiring a reinstatement fee to be paid before ending a suspension would otherwise create suspensions of indefinite length. The statute under which the appellant’s license was suspended prescribed a definite period of suspension (90 days). See
The State complains that the Court of Appeals did not defer to DPS’s consistent application of its interpretation of the statute. In construing a statute, the court is required to give weight to the interpretation given by the agency charged with enforcing the statute as long as that interpretation follows legislative intent. See Texas Water Comm’n v. Brushy Creek Mun. Utility Dist., 917 S.W.2d 19, 21 (Tex1996). The Court of Appeals did consider the interpretation of the statute given by DPS and found it to be inharmonious with the intent of the legislature. See Allen v. State, 11 S.W.3d 474, 479 (Tex.App.— Houston, 2000, pet.granted).
The State also complains that the Court of Appeals decision renders Transportation Code § 724.046(a) “wholly unenforceable” by allowing drivers to disregard the law by refusing to pay the reinstatement fee without any consequences. This argument ignores other possible penalties under the Code. While the Court of Appeals ruling may seem to deny DPS a tool for collection of the reinstatement fee, there are other consequences for drivers in the appellant’s situation. Because the appellant had not notified DPS of her change of address as required under Transportation Code § 521.045, she is subject to penalties under that provision. She also did not surrender her driver’s license upon request as required under Transportation Code § 521.451(4), a Class B misdemeanor. See
Whether Transportation Code § 724.046(a) creates a continuing period of license suspension or not is an issue of first impression in this Court. If the legislative intent behind laws governing the *778suspension of licenses is to promote public safety of motorists,4 the collection of an administrative fee does nothing to accomplish that intent and has no direct impact on the public safety of motorists.
Furthermore, Section 521.374(b) reads, “The period of suspension or prohibition under Section 521.372(c) continues for an indefinite period of time until the individual successfully completes the educational program.”5 Tex. Tíiansp. Code § 521.374(b). If the legislature intended the suspension to continue beyond the ninety-day period required by
For the forgoing reasons, we affirm the Court of Appeals. The nonpayment of the reinstatement fee under Texas Transportation Code § 724.046(a) does not continue the statutorily mandated 90 day suspension period under Texas Transportation Code
PRICE, J., filed a concurring opinion.
HOLLAND, J., filed a dissenting opinion, joined by KELLER, P.J., and JOHNSON, J.Notes
.
(a) If a person refuses the request of a peace officer to submit to the taking of a specimen, the department shall:
(1) suspend the person‘s license to operate a motor vehicle on a public highway for 90 days if the person is 21 years of age or older or 120 days if the person is younger than 21 years of age; or ...
See Tex Transp. Code Ann.
. § 724.046. Reinstatement of License or Issuance of New License
(a) A license suspended under this chapter may not be reinstated or a new license issued until the person whose license has been suspended pays to the department a fee of $100 in addition to any other fee required by law. A person subject to a denial order issued under this chapter may not obtain a license after the period of denial has ended until the person pays to the department a fee of $100 in addition to any other fee required by law. See Tex Transp. Code Ann. § 724.046 (Vernon 1999).
. See Tex. Gov’t Code Ann. § 311.023 (Vernon 1999).
. “Laws subjecting intoxicated motorists to suspensions of driving licenses are intended to remove dangerous drivers from roadways to protect both themselves and other motorists.” See Texas Dept. of Public Safety v. Dear, 999 S.W.2d 148, 152 (Tex.App. — Austin 1999, no pet.).
. Section 521.372(c) reads in relevant part, “Except as provided by Section 521.374(b), the period of suspension under this section is 180 days after the date of final conviction. ...”
Concurrence Opinion
filed a concurring opinion.
I join the opinion of the Court. I write separately only to express additional reasons in support of the decision today.
Driving Without a (Valid) License
Section 521.021 of the Texas Transportation Code reads, “A person ... may not operate a motor vehicle on a highway in this state unless the person holds a driver’s license under this chapter.”1 However, section 521.021’s predecessor, Revised Civil Statutes article 6687b, section 2(a), referred to a person who holds a valid license. See Act of April 14, 1941, 47th Leg., R.S ., ch. 173, 1941 Tex. Gen. Laws 245, 247, repealed by Act of May 1, 1995, 74th Leg., R.S., ch. 165, § 1, 1995 Tex. Gen. Laws 1025, 1544. Furthermore, the former definitions section of article 6687b, section 1(3)(B), referred to a valid license.2 See Act of May 29, 1983, 68th Leg., R.S., ch. 345, 1983 Tex. Gen. Laws 1793, 1794, repealed by Act of May 1, 1995, 74th Leg., R.S., ch. 165, § 1, 1995 Tex. Gen. Laws 1025, 1543-44. According to the revisor’s notes to section 521.021, the term valid was removed from section 521.021 for the same reason it was removed from the definitions section. See
When the legislature recodified article 6687b into chapter 521 of the Transportation Code, it intended to maintain the substance of the laws. The term valid in
Driving While License Invalid
The title of the offense for which the defendant was charged is “driving while license invalid.” See
Other jurisdictions have made similar observations while dealing with this issue in their own statutory schemes.3 In Ennis v. Garrett, 279 N.C. 612, 184 S.E.2d 246 (1971), the North Carolina Supreme Court had to determine whether failure to pay a $10 restoration fee extended the period of revocation. The relevant North Carolina Statute read, “Any person whose [license] to operate a motor vehicle in this State has been suspended, canceled or revoked pursuant to the provisions of this chapter shall pay a restoration fee of ten dollars to the Department prior to the issuance to such person of a new [license] or the restoration of such [license], such restoration fee shall be paid to the Department....” See id. at 288, 184 S.E.2d 246. The Court held that failure to pay the fee did not extend the *780period of revocation. The statute “does not expressly extend the period of a suspension, cancellation or revocation. On its face, it merely provides for the payment of a fee for an administrative act by the Department.” Id.; see also Frink v. Indiana, 568 N.E.2d 535, 538 (Ind.1991) (finding the language “no person whose operating privileges have been suspended ... shall have those privileges restored until a reinstatement fee has been paid,” did not extend the initial period of suspension until the fee was paid); State v. Resendiz-Fortanel, 131 Idaho 488, 959 P.2d 845, 848 (1998) (agreeing with the conclusion that a period of suspension or revocation is not extended by a driver’s failure to apply for or pay fees associated with the reinstatement, but holding the license remains suspended, by the express terms of the Idaho statute, for failure to give proof of financial responsibility); but see People v. Martinez, 184 Ill.2d 547, 235 Ill.Dec. 452, 705 N.E.2d 65, 67 (1998) (finding that after revision, the language that “Full driving privileges may not be restored until all applicable fees ... have been paid to the Secretary of State,” creates a prerequisite to ending suspension).
If the legislature wanted the suspension period to continue beyond the ninety-day period required under
With these comments, I join the opinion of the Court.
. Unless otherwise noted, all references to sections or chapters will refer to the Texas Transportation Code.
. The original act read, “No person, except those hereinafter expressly exempted, shall drive any motor vehicle upon a highway in this State unless such person has a valid license as an operator, a commercial operator, or a chauffeur under the provisions of the act.” Act of April 14, 1941, 47th Leg., R.S., ch. 173, 1941 Tex. Gen. Laws 245, 247, repealed by Act of May 1, 1995, 74th Leg., R.S., ch. 165, § 1, 1995 Tex. Gen. Laws 1025, 1544.
. Although there are differences in the statutory schemes between Texas and other jurisdictions, we may still glean some guidance from how the issue is treated in other States.
Dissenting Opinion
delivered a dissenting opinion, which was joined by KELLER, P.J., and JOHNSON, J.
I respectfully dissent to the Court’s holding that appellant’s failure to pay the license reinstatement fee did not continue the suspension period until the reinstatement fee had been paid. The majority’s conclusion — that appellant’s failure to pay the reinstatement fee within 90 days changed her status to being someone who was driving without a license — is not a fair interpretation of the plain language of the statute in the instant cause.
Appellant was charged with, and prosecuted for, the offense of driving with license suspended.1 Appellant’s license was suspended for 90 days pursuant to the provisions of
A reviewing court should always focus its attention on the “literal text of the statute in question and attempt to discern the fair, objective meaning of that text at the time of its enactment.” See Boykin v. State, 818 S.W.2d 782, 785 (Tex.Crim.App.1991). In examining the text of a statute, we know the following:
[T]he text of the statute is the law in the sense that it is the only thing actually adopted by the legislators, probably through compromise, and submitted to the Governor for her signature. We focus on the literal text also because the text is the only definitive evidence of what the legislators (and perhaps the Governor) had in mind when the statute was enacted into law. There really is no other certain method for determining the collective legislative intent or purpose at some point in the past, even assuming a single intent or purpose was dominant at the time of enactment. Yet a third reason for focusing on the literal text is that the Legislature is constitutionally entitled to expect that the Judiciary will faithfully follow the specific text that was adopted.
Id. (emphasis in original). If the fair and objective meaning of the statutory text should have been plain to the legislators who voted on it, we will give effect to that meaning. See id.
In applying this standard to the instant cause, subsection (a) of
The majority concludes, however, that appellant’s period of suspension terminated after 90 days, regardless of whether or not she paid a reinstatement fee. The majority asserts that to continue the period of suspension until payment of the reinstatement fee would be contrary to the statement in
I first note that
In contrast, the majority’s conclusion that the period of suspension should be terminated after 90 days regardless of whether the reinstatement fee has been paid runs counter to the intent of the Legislature, as evinced by the plain language of
The majority’s concession that appellant could have been prosecuted for any one of a number of other traffic offenses is of no consequence. The Legislature has established one offense that applies to appellant and all other defendants like her: driving while license invalid. But those alternative traffic offenses are not to be used for the purpose of enforcing a driver’s license suspension under
In conclusion, the majority erroneously holds that appellant’s driver’s license was effectively terminated or revoked when she failed to pay her reinstatement fee within 90 days and grants appellant an acquittal. For the previously stated reasons, I disagree and would reverse the court of appeals.
I respectfully dissent.
. Appellant was charged by an information with the instant offense under the title of Driving While License Suspended. Her conviction and judgment reflect this title. But, as is pointed out in briefs before this Court, the proper title of the offense under which appellant was convicted is Driving While License Invalid. The title for this offense was changed by the Legislature in 1995. See Act of May 23, 1995, 74th Leg., R.S., ch. 165, § 1,
. The majority also states that the issue whether
Neither of these statements describes how and when the instant issue has come before this Court prior to this cause. I would conclude this is an issue of first impression in this Court.