State ex rel. Curry v. Gilfeather

937 S.W.2d 46, 1996 Tex. App. LEXIS 5709, 1996 WL 714887
CourtCourt of Appeals of Texas
DecidedDecember 5, 1996
DocketNo. 2-96-259-CV
StatusPublished
Cited by6 cases

This text of 937 S.W.2d 46 (State ex rel. Curry v. Gilfeather) is published on Counsel Stack Legal Research, covering Court of Appeals of Texas primary law. Counsel Stack provides free access to over 12 million legal documents including statutes, case law, regulations, and constitutions.

Bluebook
State ex rel. Curry v. Gilfeather, 937 S.W.2d 46, 1996 Tex. App. LEXIS 5709, 1996 WL 714887 (Tex. Ct. App. 1996).

Opinion

OPINION

LIVINGSTON, Justice.

The issue in this mandamus proceeding is whether Respondent the Honorable Pete Gil-feather, Judge of County Criminal Court No. 10 of Tarrant County, Texas, has jurisdiction to grant an occupational driver’s license to a defendant who has a DWI case pending in that court, but who has not yet been convicted of DWI. Because we find Respondent did not have jurisdiction over this matter, we hold his order granting the occupational driver’s license void. We conditionally grant the petition for writ of mandamus.

BACKGROUND

On July 19,1996, the real party in interest, Cortne Lee Kent, was arrested and charged with driving while intoxicated. On September 10,1996, Kent’s license was automatically suspended for ninety days because the Department of Public Safety found that Kent refused to give a required breath specimen. See Tex.Transp.Codb Ann. § 724.035 (Vernon Pamph.1997). Kent did not appeal the Department’s decision to an administrative law judge as permitted under the Texas Transportation Code, Chapter 724. See id. § 724.041. Instead, she filed an application for an occupational driver’s license in County Criminal Court No. 10, the court where her DWI case is pending. See id. § 521.241(a). At the hearing on her application, the State argued that County Criminal Court No. 10 did not have jurisdiction to grant an occupational driver’s license. Respondent found he had jurisdiction and ordered the Texas Department of Public Safety to issue Kent an occupational driver’s license. The State then filed this mandamus action. We granted temporary relief, requested a reply, and set the matter for submission.

THE PARTIES’ CONTENTIONS

Relator’s position is that an application for an occupational driver’s license is a civil matter and Respondent does not have civil jurisdiction. Respondent and Kent maintain that an application for an occupational driver’s license is not necessarily a civil or criminal matter and that because it is so interrelated with the criminal offense out of which it arose, it belongs in the court where the criminal offense is pending.

STANDARD OF REVIEW

In deciding whether a writ of mandamus is appropriate, we recognize that mandamus will issue only to correct a clear abuse of discretion or the violation of a duty imposed by law when there is no other adequate remedy by law. Walker v. Packer, 827 S.W.2d 833, 839 (Tex.1992) (orig. proceeding); Johnson v. Fourth Court of Appeals, 700 S.W.2d 916, 917 (Tex.1985) (orig. proceeding). A trial court clearly abuses its discretion when it reaches a decision so arbitrary and unreasonable to amount to a clear and prejudicial error of law. Walker, 827 S.W.2d at 839; Johnson, 700 S.W.2d at 917. If a trial court does not have jurisdiction to enter an order, it is void; mandamus is an appropriate remedy, and a relator does not need to demonstrate it has no adequate remedy by appeal. Gem Vending, Inc. v. Walker, 918 S.W.2d 656, 658 (Tex.App.—Fort Worth 1996, orig. proceeding).

JURISDICTION OF COUNTY CRIMINAL COURT NO. 10

Kent requested that Respondent grant an occupational driver’s license under section 521.242(a) of the Transportation Code. The pertinent portions of this section provide:

§ 521.242. Petition
(a) A person whose license has been suspended for a cause other than ... a conviction under Section 4.9.04. or 4.9.07 [DWI, Intoxication Assault], Penal Code, may ap[49]*49ply for an occupational license by filing a verified petition with the judge of the county court or district court with jurisdiction in the county in which:
(1) the person resides; or
(2) the offense occurred for which the license was suspended.
(b) A person may apply for an occupational license by filing a verified petition only with the judge of the county court or district court in which the person was convicted if:
(1)the person’s license has been suspended for a conviction under Section 49.04 or 49.07 [DWI, Intoxication Assault], Penal Code....

Tex.TraNSP.Code Ann. § 521.242 (Vernon Pamph.1997) (emphasis supplied).

Relator acknowledges that if Kent had already been convicted of DWI, Respondent would have exclusive jurisdiction to grant an occupational driver’s license under subsection (b) of this statute. Id. § 521.242(b). However, Relator contends Kent may not seek an occupational license under subsection (a) because County Criminal Court No. 10 does not have civil jurisdiction, and an application for an occupational driver’s license is a civil proceeding. Relator claims Respondent did not have jurisdiction because a driver’s license suspension is a civil matter under section 724.048(a)(1) of the Transportation Code, and County Criminal Court No. 10 only has criminal jurisdiction under the following Government Code section:

§ 25.2223. Tarrant County Criminal Court Provisions
(a) A county criminal court in Tarrant County has jurisdiction over all criminal matters and causes, original and appellate, prescribed by law for county courts, but does not have civil jurisdiction.

Tex.Gov’t Code Ann. § 25.2223(a) (Vernon 1988) (emphasis supplied).

However, Respondent found that when section 521.242(a) is read in conjunction with section 74.094 of the Government Code, jurisdiction over Kent’s application for an occupational driver’s license is conferred on County Criminal Court No. 10. Section 74.094 reads:

§ 74.094. Hearing Cases
(a) A district or statutory county court judge may hear and determine a matter pending in any district or statutory county court in the county regardless of whether the matter is preliminary or final or whether there is a judgment in the matter.

Id § 74.094(a). Relator argues that section 74.094 is merely a general jurisdictional statute and Respondent is bound by section 25.2223 which is the more specific statute. We agree with Relator and hold that County Criminal Court No. 10 does not have civil jurisdiction.

IS A PRE-CONVICTION APPLICATION FOR OCCUPATIONAL DRIVER’S LICENSE A CIVIL OR CRIMINAL PROCEEDING?

The Transportation Code sets out specific procedures a person must follow to challenge a driver’s license suspension and to obtain a hearing before an administrative law judge on the issue of whether to suspend the license. See Tex.Transp.Code Ann. § 724.041-.048 (Vernon Pamph.1997). That section further provides:

§ 724.048. Relationship of Administrative Proceeding to Criminal Proceeding (a) The determination of the. department or administrative law judge:
(1) is a civil matter,

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Cite This Page — Counsel Stack

Bluebook (online)
937 S.W.2d 46, 1996 Tex. App. LEXIS 5709, 1996 WL 714887, Counsel Stack Legal Research, https://law.counselstack.com/opinion/state-ex-rel-curry-v-gilfeather-texapp-1996.