You have requested our opinion concerning a recently enacted amend- ment to article 668713, section 25a, V. T. C. S. See, 64th Leg. , Senate Bill 58 (1975). The Act applies to convictions of any offense for which driver’s licenses are automatically suspended, providing in part:

If, by order of the court, the person convicted is not confined or imprisoned, the court may enter an order restricting the operation of a motor vehicle to the person’s occupation . . . provided the person gives proof of a valid policy of automobile liability ‘ms’urance in accordance with the provisions of the Texas Motor Vehicle Safety-Responsibility Act, as amende~d. (Emphasis added).

The Act further provides that the judge shall ‘be able to grant the occupational license for a period longer than twelve (12) months provided the person “give[ s] proof to the Department of Public Safety of a valid policy of automobile liabilrt,y insurance in accordance with the Texas Motor Vehicle Safety-Responsibility Act. . ” Additionally, the Act requires the surrender of all driver’s licenses and the’forwarding of such license to the Department of Public Safety along with t,he record of conviction and the court order. The Department is thereupon to issue the restricted Hcense.

Your question is whether the original proof of insurance must be sub- mitted to the Depart,ment, The Act ex- or only to the court issuing the order. pressly requires such proof to be submitted to the Department when “the order is granted for longer than a twelve (12) month period. ” You note that unless proof of insurance is submitted to the Department in al.1 instances,

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The Honorable Wilson E. Speir - Page 2 [t] he person granted the occupa,tional license could cancel the policy immediately after he receives his license, and the Department would have no way of knowing of the cancel- lation.

Prior to the issuance of an occupational license a person must ‘I[ give] proof of a valid policy of automobile liability i,nsurance in accordance with the provisions of the Texas Motor Vehicle Safety-Responsibility Act. . . , “which is article 67Olh, V. T. C. S. That Act requires proof of insurance to be sub- Sets. 13(c), 19(a), 20(a). In our opinion a person mitted to the Department. “gives proof of a valid policy. . . in accordance with [article 6701hl” only Accordingly, such proof must when he submits such proof to the Department. be submitted to the Department prior to the issuance of an occupational. driver’s license.

SUMMARY Proof of a valid pol,icy of automobile liability insurance must be submitted to the Department of Public Safety prior to the issuance of an occupational driver’s license.

Xery truly yours, !&a%\ (77 L m

JOHN L. HILL Attorn,ey General of Texas tant

Opinion Commit.tee

jad

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