Hon. Clifford 5. Roe Opinion No. O-6885
County Attorney Rer Registration of out of State
Panola County passenger automobiles in Texas.
Carthage, Texas
Dear Sir:
We quote the following material parts of your letter
of October 19, 1945, requesting an opikion of this department:
I’. . . We are located near the Louisiana
state line and license plates are much cheaper
in Louisiana. Also many new people are coming
to Carthage from various places due to the gas
boom here. As a consequence, there are numerous
out of state license plates seen daily, most of
them however, are Louisiana license plates.
*Some of the new people work here and stay
at Carthage during the week and go to Louisiana
on the week end or on occasional trips while
others have moved in and brought their families
with them. However, when most of these people
are questioned, they say that they are not a
resident of Texas and that they are only working
here temporary, however many of these people
have lived here for months and are wearing out
our roads and bridges, but do not license their
cars in Texas. . . .
“If possible, I would like to know the fol-
lowing que st ions.
“(1). When a person moves his family to
Panola, County, how long does he have before
required to register in Texas?
“(2). If a man lives in Panola County Texas
the greater portion of the time working and his
family resides out of the state, does he have to
Honorable Clifford 3. Roe, page 2 :*':
"(3). If a man works for a company who,
owns leases an&property in Panola County, Texas,
but does not have their main office in the state
and said employee drives a Company car registered
in Louisiana and goes back and forth at night,
does this car have to be registered in Texas?"
Article 6675a-2, Vernon's Annotated Statutes, in
part provides:
"Every owner of a motor vehicle, trailer
or semi-trailer used or to be used upon the pub-
lic highways of this State shall apply each year
to the State Highway Department through the County
Tax Collector of the county in which he resides
for the registration of each such vehicle owned
or controlled by him for the ensuing or current
calendar year or unexpired portion thereof; e . *'
'Article 827b of the Penal Code of Texas, comprising
six sections; pertains to non-resident registration of motor
vehicles registered in states outside of Texas. The material
sections or portions thereof provide:
"'Motor Vehicle' means every vehicle as
herein defined which is self-propelled.
"'Passengar Car' means any motor vehicle
other than a motorcycle or a bus as defined in
this Act designed or used primarily for the
transportation of persons.
" 'Ownert means any person who holds a
legal title of a motor vehicle or who has the
legal right of possession thereof or the legal
rl.ghtof control of said vehicle.
"'Occasional Trip' means not to exceed
five trips into this State during any calendar
month nor to exceed five days on any one trip.
"'Non-resident' means every resident of a
state or country other than the State of Texas
whose sojourn in this State, or whose occupation,
or place of abode, or business in this State, If
any, covers a total period of not more than one
hundred and twenty~days in the calendar year.
.
Honorable Clifford 3. Roe, page 3
“Sec. 2. A non-resident owner of a motor ve-
hicle, trailer or semi-trailer which has been
duly registered for the current year in the State
or country of which the owner is a resident and
in accordance with the laws thereof, may, in lieu
of registering such vehicle as otherwise required
by law, apply to 3$a: State Highway Department
through a County Tax Collector for the registra-
tion thereof as provided by law, except that the
privileges granted as otherwise provided for in
this Act shall not apply to any motor vehicle,
trailer, or semi-trailer operated within this
State for the transportation of persons or prop-
erty for compensation or hire. . . .
“Sec. 3. The non-resident owner or operator
of any passengar car shall within twenty-five days
after commencing to operate such vehicle, or oaus-
ing or permitting it to be operated within this
State apply ,to the Department, through any County
Tax Collector, for the temporary registration
thereof upon the appropriate official form stating
therein the name and home address of the owner and
the temporary address, if any, of the owner or
operator while within this State, . . .
"Sec. 4. The County Tax Collector shall file
each application received , and issue to the owner
a temporary registration certificate of distinotive
form to be furnished by the Department containing
the date it is issued, a brief description of the
vehicle and a statement that the owner has procured
temporary registration of such vehicle as a non-
resident. Said certificate shall entitle the
owner or operator of said vehicle to operate It In
this State for a period not exceeding one hundred
and twenty days from date of issuance of said
certlfiaate.
"Sec. 5. f . . Nothing in this Act shall prevent
a non-resident owner of a motor vehicle from operating
at will such vehicle in this State for the sole pur-
pose of marketing farm products raised exclusively
by him, nor a resident of an adjoining State or coun-
try from operating a privately owned and duly regis-
tere, vehicle, not operated for hire in this State
at vP 11, for the purpose of going to and from his
place of>egtiIar-employment and the making of trips
for the purpose of purchasing goods, wares and
. ,
Honorable Clifford S. Roe, page 4
merchandise. And provided, further, that any
non-resident owner of a privately owned motor
vehicle may be permitted to make an occasional
trip into this State wifh such vehicle under
the privileges of this Aat without obtaining
such temporary registration certificate. Any
person violating any provision of this Section
shall be deemed guilty of a misdemeanor; and
upon conviation thereof shall be fined in any
sum not exceeding Twenty-five ($25.00) Dollars.
"sec. 6. If any person shall operate any
such vehiole or any owner thereof shall operate
or permit to be operated, any such vehicle withln
this State for a period of more than twenty-five
days without applying for the temporary registra-
tion theP@~,as herein prescribed, unless other-
wiae provided for in this Act, he shall be Ueemed
guilty of a misdemeanor, and upon convlotion,
shall be fined in any 8um not exceeding Twenty-five
($25.OO) l?ollarae If any person shall operate any
such vehiole or if any owner thereof shall operate
or permit to be operated any such vehicle within
this State after the expiration date of any cer-
tificate issued for such vehicle under the provl-
slons of this Act withoat registering the vehiole
under the laws governing the registration of the
vehicles by the resident8 of this State or without
having display-e%thereon license number plates duly~
assigned therefor under the provisions of said laws,
he shall be deemed guilty of a misdemeanor and upon
conviction, shall be fined in any sum not exceeding
Twenty-five ($25.00) Dollars."
We find no conflict in the statutes to which you refer
in our oonsideration of your request. We cannot, however, answer
your questions categorically, since eaoh involves questions of
both~law and fact. From the faots presented, we must assume that
you are eonoerned primarily with Texas registration by such passen-
ger car "owners" other than temporary registration as ErovideSf
under Section 4. We likewise assume that all of such owners
maintain their domicile or legal residence in the adjoining State
of Louisiana.
In our Opinion No. O-1023 approved July 10, 1939, we
held that the term "resides.*I"
for registration purposes, as used
in Article 6675a-2, supra, means legal residence with this statute
fixing the situ8 for registration purposes.
The above quoted pro+isions ~of Article 827b of the Penal
Code are applicable to the owners of such foreign registered motor
Honorable Clifford S. Roe, page 5
vehicles. Such owners under the provisions of Section 3 have
twenty-five days before they are required to take out a tem-
porary registration certificate provided for under Section 4.
In our Opinion No. 0-981 approved August 9, 1939, and
in Opinion No. O-1043 approved July 8, 1939, we held in effect
that in the event such non-reaident owner desires to remain
In this State for a longer period than the additional 120 days
authorized by such temporary permit, it la necessary for his
vehicle to be duly registered in the State of Texas. In con-
struing the statutes above referred to, we also held in Opinion
No. O-2050 approved in limited conference March 18, 1940, that
the definition of "non-resident" above quoted, controls and
such owner is considered a "resident" for registration purposes
of the county where he remains In Texas exceeding the 120 day
period during any calendar year.
The above quoted provisions of Section 5, Article 82711,
do not require such motor vehicles, assuming they are duly
registered in the State of Louisiana, to be registered where
they meet the requirements of that section.
In answer to your questions, under the facts stated and
assumed herein, it is our opinion that such "owners" of passenger
cars defined In Art, 82711of the Penal Code and duly registered
in an adjoining State have twenty-five days before they are re-
quired to register in Panola County for a temporary registration
certificate. If the car "owner", legally in Texas under such
temporary registration certificate, remains in Texas longer than
the total period of 120 days in the calendar year, he is, at the
end of such period, residing in a county of this State for reg-~
lstratlonpurposes and such owner's vehicle 1s subject to regis-
tration in accordance with Art. 6675a-2, V.A.C.S. The passenger
car of such "owner" residin in Louisiana, which meets the re-
quirements of Sec. 5, Art. 8271,of the penal Code of being oper-
ated for the purpose of going to and from the owner's place of
regular employment In Texas, is not required to be registered
during such statutory defined operation.
Yours very truly,
ATTORNEY GENERAL OF TEXAS
By; /s/Urn. J. R. King
WmK~LJort - Assistant.
APPROVED NOV. 7, 1945 APPROVED
Opinion Committee
!Tis:%ss%Y
ATTORNEY GENERAL