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