L ‘.
,
The Attorney General of Texas
February 19, 1982
MARK WHITE
Attorney General
Honorable Roy Blake, Chairman Opinion No. M'Q-444
Supreme Court Building
Senate Committee on Administration
P. 0. Box 12546
Austin. TX. 7671% 2549
Texas State Senate Re: Construction of Senate
5121475-2501 G-27-J. State Capitol Bill No. 150 relating to the
Telex 910/674-1367 Austin, Texas 78711 disposition and amount of
Telecopier 51214754266 motor vehicle registration
fees
WJ7 Main St.. Suite 1400
Dallas. TX. 752014709 Dear Senator Blake:
21417428944
You have asked for an interpretation of Senate Bill No. 150
enacted by the Sixty-seventh Legislature. Acts 1981, 67th Leg., ch.
4624 Alberta Ave.. Suite 160
El Paso. TX. 79305.2793
203, at 473. Section 1 of this bill amends article 6675a-10,
91515333464 V.T.C.S., a statute allocating motor vehicle license and certificate
of title fees between the county that collects them and the State
Department of Highways and Public Transportation.
1220 Dallas Ave., Suite 202
Hous,on. TX. 770026966
713’6-
The unamended version of article 6675a-10 provides that the
county tax collector shall deposit in the County Road and Bridge Fund
one hundred percent of each week's collections until the amount
806 Broadway. Suite 312 retained for the current calendar year shall have reached a total sum
l.ubtock. TX. 79401.3479
of $50,000. Thereafter, he shall deposit fifty percent of each'week's
8061747.5236
collections until the amount retained by the county reaches $175.000.
All collections made in excess of these amounts are remitted to the
4309 N. Tenth. Suite S Highway Department.
McAllen. TX. 76501.1665
512i662-4547 The amendment, which becomes effective on July 1, 1982, provides
that one hundred percent of the fees collected shall be deposited in
200 Main Plaza. Suite 400 the County Road and Bridge Fund until the amount deposited for the
San Antonio. TX. 76205.2797 current calendar year has reached the sum of $50,000 plus $350 for
512l2254191 each mile of county road, not to exceed 500 miles, maintained by the
county. A county that collects the maximum under the amended version
An Equal Opportunity/
may retain one hundred percent of fees up to a total of $225,000.
Allirmative Action Employer Thereafter. it may retain 50 percent of fees collected until an
additional $125,000 is deposited to the County Road and Bridge Fund.
Since the law will change in mid-year, you wish to know how much
in fees the larger counties will be allowed to retain for the 1982
calendar year.
In our opinion, a county with at least 500 miles of county-
maintained road will be eligible to retain a maximum of $350.000 for
the entire 1982 calendar year. Each county including a county that
P. 1531
Hounrablc Roy 8Jakc - Page 2 _- .
(nw-444)
has already collected the maximum of $175,000 will on July 1. 1982,
become subject to the following provision:
(a) On Monday of each week each County Tax
Collector shall deposit in the County Depository
of his County to the credit of the County Road and
Bridge Fund an amount equal to one hundred per
cent (100%) of net collections made hereunder
during the preceding week until the amount so
deposited for the current calendar year shall have
reached a total sum of Fifty Thousand Dollars
($50,000) plus Three Hundred and Fifty Dollars
($350) for each mile of county road, not to exceed
five hundred (509) miles, maintained by the County
according to the latest data available from the
state Department of Highways and Public
Transportation.
Acts 1981. 67th Leg.. ch. 203. at 4i5 (to be codified at V.T.C.S. art.
6675a-10). If a county has not yet retained the maximum authorized by
this provision, it may again retain 100 percent of fees collected
until it reaches that maximum. This maximum for counties with at
least 500 miles of county-maintained road is, as already noted,
$225,000.
Thereafter, subsection (b) of article 6675-10, V.T.C.S.
authorizes the tax collector to deposit 50 percent of fee collections
in the Road and Bridge Fund until an additional $125,000 has been
deposited. Subsection (c) provides as follows: "After depositing the
amounts provided by Subsections (a) and (b) of this section, he shall
make no further deposits to the credit of said Fund during that
calendar year." (Emphasis added). V.T.C.S. art. 6675-10(c).
Subsection (c) places a ceiling on the fees retainable by the
county for each calendar year. We find nothing in the statute which
excepts collections in the 1982 calendar year from that limitation.
SUMMARY
Article 6675a-10, V.T.C.S.. as amended by
Senate Bill No. 150, will authorize a county with
at least 500 miles of county maintained road to
deposit in its road and bridge fund a maximum of
$350,000 of motor vehicle license and title fees
collected in the 1982 calendar year.
MARK WHITE
Attorney General of Texas
p. 1532
1 .
. :
Honorable Roy Blake - Page 3 (Hw-444)
JOHN W. FAINTER, JR.
First Assistant Attorney General
RICHARD E. GRAY III
Executive Assistant Attorney General
Prepared by Susan L. Garrison
Assistant Attorney General
APPROVED:
OPINION COMMITTEE
Susan L. Garrison, Chairman
Jon Bible
Rick Gilpln
Jim Hoellinger
Bruce Youngblood