Texas Attorney General Opinion: JM-138 Page: 3 of 5
This text is part of the collection entitled: Texas Attorney General Opinions and was provided to The Portal to Texas History by the UNT Libraries Government Documents Department.
Extracted Text
The following text was automatically extracted from the image on this page using optical character recognition software:
Colonel James B. Adams - Page 3
the vehicle does not display a valid inspection certificate issued
pursuant to standards established by the DPS, including those
standards established pursuant to section 142(d) concerning vehicle
emission controls. We hold that such criminal liability under the
statute does exist.
There is a constitutional prohibition against delegation of the
legislative function. Tex. Const. art. II, 1. However, it is
well-established that
a legislative body may, after declaring a policy
and fixing a primary standard, confer upon
executive or administrative officers the power to
fill up the details, by prescribing rules and
regulations to promote the purpose and spirit of
the legislation and to carry it into effect.
Williams v. State, 176 S.W.2d 177, 183 (Tex. Crim. App. 1943). The
legislature may not delegate the power to make a law which prescribes
a penalty, but it may authorize a commission
to prescribe duties or ascertain conditions upon
which an existing law may operate in imposing a
penalty and in effectuating the purpose designed
in enacting the law.
Tuttle v. Wood, 35 S.W.2d 1061, 1065 (Tex. Civ. App. - San Antonio
1930, writ ref'd). Thus, if the legislature in enacting Senate Bill
No. 1205 has declared a policy and fixed a primary standard to serve
as existing law for the imposition of a penalty, section 142(e) is a
valid delegation of rulemaking authority and the parameter motor
vehicle inspection and maintenance program is enforceable. We do not
find the delegation to the DPS to be an impermissible delegation of
legislative authority.
The legislature, not the DPS, has clearly declared that it is an
offense against the laws of this state to operate a motor vehicle on
the highways of the state without a valid inspection certificate
issued pursuant to a required inspection. Article 6701(d) provides in
sections 140(e) and (g) and 141(d) as follows:
(e) . . . no person shall operate on the
highways of the state any motor vehicle registered
in this state unless a valid certificate of
inspection is displayed thereon as required by
this section. (Emphasis added).
(g) Any person operating a vehicle on the
highways of this state . . . in violation of thep. 589
(JM-138)
Upcoming Pages
Here’s what’s next.
Search Inside
This text can be searched. Note: Results may vary based on the legibility of text within the document.
Matching Search Results
View one place within this text that match your search.Tools / Downloads
Get a copy of this page or view the extracted text.
Citing and Sharing
Basic information for referencing this web page. We also provide extended guidance on usage rights, references, copying or embedding.
Reference the current page of this Text.
Texas. Attorney-General's Office. Texas Attorney General Opinion: JM-138, text, March 16, 1984; (https://texashistory.unt.edu/ark:/67531/metapth272578/m1/3/?q=%221984~%22: accessed August 15, 2024), University of North Texas Libraries, The Portal to Texas History, https://texashistory.unt.edu.; crediting UNT Libraries Government Documents Department.