You have requested the opinion of this department on the above stated question.

House Bill 20, Acts of the 47th Legislature, cited by you is the current Texas Drivers' License Law. In the herein after quoted provisicm of said law, the word "department" refers to the Texas Department of Public Safety, and the word "Director" refers to the Director of that department. Section 10 of the Act, relating to examination of applicants for drivers' licenses, provides as follows:

"The Department shell examine every applicent for an operator's, commercial operator's, or chauffeur's license, except as otherwise provided in this Section. Such examination shall be held in the county where the applicant resides or makes application within not more than ten (10) days from the date application is made. It shall include a test of the applicant's vision, his ability to understand highway signs in the English language regulating, warning, and directing traffic, his knowledge of the traffic laws of this State, and shall include an actual demonstration of ability to exercise ordinary and reasonable control in the operation of a motor vehicle and such further physical and mental examination as the Department finds necessary to determine the applicant's fitness to operate a motor vehicle safely upon the hi&ways, and provided, further that the *2 Honorable Homer (XIrrison, Jr. Page (0-49‘75)

Director &ail have the authority to cause to be re-examincd licensee in any case w'hich in his Judgment the lizensae is incapable of operating a motor vehicle, said exam'ination shall be held in the county of the licensee's residence unless otherwise agreed to by both parties to be held elsewhere."

Said House Bill 20 is now codified as Article 66873, Ferna's Revised Civil Statutes of 1925.

Under the authority of this btatute,' It is our o&&ion that you, as director of the Department of PubZ.ic Safety, arc authorized to cause liocnsees who are advanced in pars or, suffering from p&ys;Laai dafczts or nervous disorders to submit to an examination '51 determine thc?r ability to opgate a motor vehicle safely whenever, in your Judgmcnt~ the iioensee is lncapable of operating of operating a motor vehicle. Under the statute, %mqdble a n&or vehicle" wan6 the lack of atKLity +Q exeroise ordinary and reasonable control in thc~opcration of a motor vehicln: and to operate @oh vehicle safely u&n the highways.

Yours very t~xiiy ATTORNEY GESIRRALCPTECiAS s/W. R. Allen

WRA:mp

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A&omDl&. 8, 1gk2

s/ GERALD c. MnETN

A!I%XNEXCSRRRALOF~S

APPRom 0PlN1ON CO&lMITrEg

BY B. W. B.

CHAIRMAN