Rutledge v. Texas Department of Public Safety

KEITH, Justice.

Our prior opinion is withdrawn and this substituted in lieu thereof.

The principal question presented in this appeal may be stated in this manner: Since the Texas Motor Vehicle Safety-Responsibility Law, Art. 6701h, Vernon’s Ann.Civ. St., has been declared unconstitutional in part, may a license suspension under the unconstitutional provision be upheld when such suspension antedated the effective date of the decision but the trial was conducted thereafter? Being of the opinion, as applied to the posture of this case, that our question so posed must be answered in the negative,…