hnuary 11, 1952
Hon. Homer Garrison, Jr., Director
Texas Department of Public Safety
Austin, Texas, Opinion No. V- 1385
Re: Authority of the Depart-
ment of Public Safety to
extend the period for com-
pulsory inspection of mo-
tor vehicles under House
Bill 223, Acts 52nd Legis-
lature, R.S. 1951, through
Dear Colonel Garrison: September 6, 1952.
Your request for an opinion in connection with the above-
captioned matter reads in part as follows:
“Under the provisions of House Bill 223, Acts
of the 52nd Legislature, R.S. 1951, ch. 141, p. 240, it
is specifically provided that the Department of rub-
lit Safety ‘shall cause one (1) inspection to be made
in the year commencing with the effective date of
this Act [September 7, 19511 and annually thereafter.
The period of inspection shall be .fixed by the Depart-
ment. The Department shall have power to make
rules aa d regulations with respect to the periods and
the character and extent of the inspections to be made.’
“The Department of Public Safety has hereto-
fore designated the period beginning December 1, 1951
and ending April 1, 1952 as the inspection period for
the first twelve months commencing as of September
7, 1951.
“Because of the limited number of inspection
stations in this State and the fact that there are more
than three million motor vehicles to be inspected, in
our opinion it is impossible-for all vehicles to be in-
spected prior to the deadline for registration for the
year 1952, which is April 1, 1952. In this connection,
your attention is specifically directed to that portion
of House Bill 223 wherein it is provided that ‘no li-
cense of a motor vehicle shall be issued and no trans-
fer of the title to a motor vehicle shall be made unless
Hon. Homer Garrison, Jr., page 2 (V-1385)
such motor vehicle has been inspected under the
terms of this Act within 12 months prior to the is-
suance of such license or transfer.’
Mdill you, therefore, be so kind as to advise
us on the following questions:
“( 1) May the Department of I~ublic Safety
legally extend the inspection period
heretofore designated from April 1,
1952, to and including midnight of Sep-
tember 6, 1952?
“(2) If your answer to question no. 1 is in
the affirmative, then may motor ve-
hicles be registered for the current
registration year and transfers of
title be effected on motor vehicles
without an inspection certificate up
to and including midnight of Septem-
ber 6, 1952 ? ”
House Bill 223, Acts 52nd Leg., R.S. 1951, ch. 141, p.
240, amends, among other things, Section 140 of Article 6701d, Ver-
non’s Civil Statutes, the “Uniform Act Regulating Traffic on High-
ways ,* so as to provide in part as follows:
“(a) It shall be the duty of the Texas Depart-
ment of Public Safety to require every owner of a
motor vehicle, trailer, semitrailer, pole trailer or
house trailer, registered in this State, to have the
mechanism, brakes, and equipment upon such ve-
hicles inspected at State appointed inspection sta-
tions or by State Inspectors as hereinafter provided
. . .
“(b) If such inspection discloses the necessity
for adjustments, corrections or repairs, the mecha-
nism, brakes and equipment shall be adjusted, cor-
rected or repaired before a certificate is issued . . .
The owner may have such adjustments, corrections
or repairs made by such qualified person or per-
sons as he may choose . . .
“(c) Official inspection stations appointed and
supervised by the State of Texas shall make all inspec-
tions pursuant to the provisions of this Section . . .
The Department [Texas Department of Public Safety]
shall cause one (1) inspection to be made in the year
Hon. Homer Garrison, Jr., page 3 (V-1385)
commencing with the effective date of this Act
[September 7, 19511, and annually thereafter.
The periods of inspection shall be fixed by the
Department. The Department shall have power
to make rules and regulations with respect to
the periods and the character and extent of the
inspections to be made.” (Emphasis ours.)
Acting pursuant to the provisions of paragraph (c),
your Department has heretofore designated the period begin-
ning December 1, 1951, and ending April 1, 1952, as the “period
of inspection” for the, yearly period which began on September
7. 1951, the effective date of the act. Because it has now been
determined that it is physically impossible for the designated
inspection stations to perform the required inspections on the
more than three million motor vehicles in this State within the
designated inspection period, you desire to know whether you
may legally amend the designated “period of inspection” so as
to extend it to and including midnight of September 6, 1952.
The above-quoted provisions of the act make it clear
that your Department shall “cause one (1) inspection to be made
in the year” commencing on September 7, 1951. It is then pro-
vided in clear and unambiguous language that the periods of in-
spection shall be “fixed” by the Texas Department of I-ublic Safe-
ty. Under the plain wording of the act you could have originally
fixed the period of inspection at any time within the twelve-month
period beginning with the effective date of the act on September 7,
1951. Having the power to fix or establish a regulation carries
with it the implied power to modify or amend the regulation. Rail-
road Commission v. Shell Oil Company, 139 Tex. 66, 161 S.W.Zd
m (1942); 42 A m. UT. 360, Public Administrative Law, Sec. 53.
Furthermore, we think the Legislature used the lan-
guage found in paragraph (c) with respect to periods of inspec-
tion being “fixed by the Department” advisedly. Unquestionably
the Legislature had knowledge of the more than three million
motor vehicles traversing the highways of Texas which would
have to be inspected under the provisions of this act. Having this
knowledge, it obviously desired that the fixing of the pirriods of
inspection be as flexible as possible to the end that an unreason-
able, unjust, or impracticable consequence would not result. The
situation now facing your Department demonstrates the wisdom of
the Legislature in leaving to your Department the power to fix the
periods of inspection as circumstances and conditions might re-
quire.
We therefore agree with you that the Texas Depart-
ment of Iublic Safety may legally amend the regulation designat-
ing December 1, 1951, to April 1, 1952, as the “period of inspection,”
Hon. Homer Garrison, Jr., page 4 (V-1385)
so as to provide that the “period of inspection” shall be “from
December 1, 1951, to midnight of September 6, 1952.”
We will now consider your second question relating
to the necessity for an “inspection certificate” in order to regis-
ter a motor vehicle for the current registration year or to trans-
fer the title thereto.
Article 6675a-3, V.C.S , requires that the application
for the renewal of registration of a motor vehicle “be made not
later than April 1st” of each year.
House Bill 223, supra, provides in paragraph (e) there-
of as follows:
“(e) No license of a motor vehicle shall be is-
sued and no transfer of the title to a motor vehicle
shall be made unless such motor vehicle has been
inspected under the terms of this Act niithin twelve
(12) months prior to the issuance of such license or
transfer. After the period designated for the inspec-
t-person shall operate on the highways of this
State any motor vehicle registered in this State un-
less a valid certificate of ir@pection is displayed
thereon as required. by this Section and any inspector
or patrolman of the Department of Public Safety, or
any sheriff or deputy sheriff, who shall exhibit his
badge or other signs of authority, may stop any
motor vehicle not displaying this inspection certif-
icate on the windshield and require the owner or
operator to produce an official inspection certificate
for the motor vehicle being operated.” (Art. 6701d,
Sec. 140, V.C.S.) (Emphasis added.)
It is a cardinal rule of statutory construction that all
the laneuage and every part of an act must be given effect, if rea-
sonably possible. Texas Bank & Trust Co. v, Austin, 115 Tex. 201,
280 S.W. 161 (1926). Likewise. an act must be construed as a whole,
and all:its na’rts harmonized. if uossible. so as to give effect to the
entire act. - Popham v. Patterson, 121 Tex. 615, 51 s’.WW.2d 680 (1932);
Citizens National Bank of Hillsboro v. ‘Graham, 117 Tex. 357. 4 S.W.
Za 541 (19-D County v. Thompson, 95 ‘I%%. 22. 64 S N. 927
(1901); 2 Sutherlaz, Statutory Construction (3rd Ed. 1943) 336, Sec.
4703.
Applying these rules of construction to House Bill 223,
supra, we think that if your Department amends the designated period
ofinspection so as to extend the time for inspection to midnight of
Hon. Homer Garrison, Jr., page 5 (V-1385)
September 6, 1952, a person will not be required to have an inspec-
tion certificate prior to or at the time of making application for
registration of his motor vehicle for the 1952 registration year.
The same is true with respect to applications for transfer of title
to a motor vehicle prior to midnight of September 6, 1952. This
is true for the reason that the act specifically authorizes the De-
partment of Public Safety to fix the period for inspection and makes
the operation of an uninspected, but registered, vehicle unlawful
only “after the period designated for the inspection.” Moreover,
it would be an impracticable and unreasonable construction to say
that the Legislature intended that a motor vehicle which is required
by law to be registered on or prior to April 1, 1952, could not be
registered on or before that date without an inspection certificate
when the Department of Public Safety has by the express authority
of the Legislature extended the time in which to have motor ve-
hicles inspected to a date beyond that fixed by statute for registra-
tion. Cf. Huntsville Independent School Dist. v. McAdams, 148 Tex.
120, 221 S.<
You are therefore advised, in answer to your second
question, that if the Department of Public Safety extends the desig-
nated period of inspection for motor vehicles to midnight of Sep-
tember 6, 1952, then no certificate of inspection will be required in
making application for the registration of a motor vehicle or in
making application for a transfer of title on or prior to September
6, 1952.
SUMMARY
The Texas Department of Public Safety may
legally amend its regulation fixing the period of in-
spection for motor vehicles for-the year which com-
menced September 7, 1951, so as to extend the desig-
nated inspection period to midnight of September 6,
1952. In such event, no certificate of inspection will
be required in making application for the registra-
tion of a motor vehicle, or in making application for
a transfer of title thereto, prior to midnight of Sep-
tember 6. 1952.
Yours very truly,
Attorney Generai
CDM:b wi.zT, p2!7s%y
Charles D. Mathews
First Assistant