Untitled Texas Attorney General Opinion

OFFICE OF THE ATTORNEY GENERAL OF TEXAS AUSTIN EoonorablsJulian &ontgomery state Klghway Engineer Auntin, Texas zmar sir: er of Earoh e0, 1040, in whloh yo y Departaept ha* determined that s may ragirter its buses only n rach faot, you request our an out llet ln y o u r letter le. to ll that the All Amerlean Bus Lines e prinoipal 0frh in tbts other knowing that no aotor bgr company egal residenoe or prinoipal orribe r oounty, is it the duty of the El@- at, undar suoh siroumstances, to sup- ply the Tax Oolleotor or thfs other oountr with bus plates for the All Amerloan Bus Lines oimplr beoauca a request has been made of the Qepartamnt bg the Tax Colleotor of this othsr oountg iOr such plates in order to register the busee of the All Amerioan Bus Linea: Honorable fulian t:ontgoaory, page 2 "(0) Ii your answer to question (b) 18 in the affirmtire, then what is the duty of the Highway Department should still another ooonty regueat bus plates in order to register the buss8 of the All Anerioan 31s Lines? Alao lniom us as to the duty oi the Highway Department should every county in Texas request an unllmlted aup- ply or motor Im~iplatee.- In oplnlon NO. O-SOW, addressed to yoqyi3u will reoall our m~ling as follows, in ooanection with the au- thority of the Highway Department: "'9. what, 1.t.any, la the authority or the Righwar Department to determine d.lrputedolasel- rlcatlons or rahloles and other quwtlonr ln- volrlng aonstruotion of the re&stratlon lawa which arlae tram time to time?* wArtlale 66OSa, Vernon'a Annotated Civil Statutes, places the datr of motor vehlele reg- lstration 'upon the state Iil@tuy Department. When the oounty tax oolleotor aot8, he aotr only a8 agent of raid Department. Article Q678a-8, mwra, prorlder, in partr ‘I . . #hall apply each Jbar to the State Wgl~y Depament through the cocnty tax eol- . . . •.~. *Artlole 6675a-12, Vernon*6 Annotated Civil Statuter, prorldea, in part3 WiThe Dq?artment 8hall lame, or cause to be lsmue6, to the owner or laoh rehlole reglstereQ tut4erthe prorieio~ 0r t&26 Aef a liaame re- aelpt whleh aha&& lndleate. . f *Article bWSa-13, Vernon's Aanotated Civil Statuter, yroridee, in part: "'The Departlnent8hall isrue or 06we to be lasued, ene lioenae number plate for saoh aotor OJOlC),road tnotor, trailer or eeml-txaiSer, and two lloense aumber plates for any other rehl6le registered under this Aot. . . .* 474 gonorable Julian koutgomry, Sage 3 "The Aot also provide4 for the applleatlon to be Lade to the oouuty tax oolleotor who Is the ouly one authorleed to reoelve the lloense fees provided in the Aot. *It may be seen iron the above quoted pro- visions of the A!otorVehlole Registration Aot that the-;qppfIoatfonIs made to the State Filgh- way Departzstik who I4 to 14aue a license reoelpt and lloenee plates. Nowhere in the AOt 1s it provided whose word 16 to be final in case of disputed cla66ItioatIon of vehioles. From the above Quoted statutes which plaoe the duty on the State Highway Department to reoelve the ap- plioation and to lasue the license plates and the license receipts, w6 are of the opinion that the State Highway Department 1s the proper au- thority to detemlne disputed clasalrlcatIon of vehicles. It I# evident throughout the Aat that the tax collector 1s merely aotlng as agent for the State HIghway Department. Your attention Is further oklled to the faat that the ouly tIn6 that It beoomee neoe44ary ror the applloatlon to be subxltted to the state Highway Department for said Department*8 approval before lloense plates may be Issued I4 in on48 of vehicles nhloh are the property of the United States (;overnmentor the State of Texas or any oounty or olty thereof. Artiole 6675a-3aa 40 spealfloally provides. =@hlle the Aot taksn aa a whole probably oontemplates t&et the county tax oolleotor 1s to issue the licenee reoelpt upon applloatlon reoelved by hIa, the Act plaoes the duty of the enforoemnt of the sahe upon the State El&may Department which Depart&e& should be the final aut.horItyIn the settlessnt of dlsputsd olassl- floatIons. "The authority disoussed ln oonneotlon with this question 1s a8 between the state Highway Department and the oounty tax oolleotor. hothing herein shall be oonatrued as $rohlblting an ap- peal by a motor tiehloleowner from a ruling OS the Highway Department to the courts of this State." In amswer to your question (a) it 1s our opinion that the Highway Departaertthaving deterazlnedthat the buses 475 Honorable Julian ~ontgomarj, mge 4 of the All A&erican Bue L1n.m should be registerad in Dall~~e county, it then brooms the duty of raid Departstentto uup- ply the Tax colh4atorof Dallas County with licemm plats8 for the regis:ratlon of 8UOh boaam. In answer to your qued.ion MO. b you am advised that based upon the foot8 8tated, it 1s not the duty OS rour Departmoat to 8ead motor buo ~lodnae plates to this other county for the reglrtratlon of the buaea la question in said county, which regirtratlon would be, am you state, rmsuthorliteaby law. Aa wa here atUiw8red your quartioa 100. b in tb Itire your queatioa No. o door not need to be amwerd. Your8 very truly ATTORBXY CXNrtHALOF TEXASJ *G,- ATTOFSEY GENERAL OF TEXAS