XAW
Honorable Paul T. Holt
County Attorney
Travis County
Austin, Texas
Dear Sir: Opinion No. O-3174
Re: Must a non-resident whose motor vehicle
is registered in California obtain a
Texas Certificate to Title before he
may register his motor vehicle in Texas?
We are in receipt of your letter of February 15, 1941, in which you
raquest the opinion of this department in answer to the following
question:
"A resident of California moved to Texas and while living in
California he was the owner of a motor vehicle and a certain
bank in the State of California had a lien against said motor
vehicle . This individual has a California Certificate of
Title on his motor vehicle which certificate shows the
existing California lien, and under the California Certifcate
of Title Law the lien holder holds the original California
certificate. This individual now desires to register his
motor vehicle in the State of Texas.
"The quastionprcsented j; whether or not it is necessary
that said individual obtain a Texas Certificate of Title
before he may register said.motor vehicle in Texas."
Article 6675a-2of Vernon's Annotated Civil Statutes reads in part
85 follows:
"Every owner of a motor vehicle, trailer, or semitrailer used
or to be used upon the public highways of this State, and each
chauffeur 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. . ."
In your fact situation you state that this individual desires to register
his motor vehicle in Texas. You are advised that Le should be allowed
to so register his motor vehicle despite the fact that he ha.9a
California Certificate of Title on his motor vehicle and does not have a
Texas Cerifiicate of Title. In Opinion No. O-3154 this department ruled
as follows:
Hon. Paul T. Holt, page 2 (O-3174)
"The Texas Certificate of Title Act is contained in Vernon's
Annotated Penal Code of Texas and designated Article 1436-1,
Section 63 (b) reads ss follows:
"'The department or any sgent thereof, shall not after
the first of January, 1942, register or renew the registration
of any motor vehicle, unless end until the owner thereof
shall make application for and be granted an official
certificate of title for such vehicle or present satisfactory
evidence that a cerificate of title for such .vahiclehas
been previously issued to such owner by the Department.
Provided, however,this shall not apply to automobiles which
were purchased new prior to January 1, 1936,'
"Since the above section, by its own terms, does not become
operative until January 1, 1942, the clear inference is
that neither the Department of Public Safety nor any
of its agents, shall require, prior to January 1, 1942,
that application for and granting of an official certificate.
of title be made before the vehicle is registered. ~ . "w
You are advised, therefore, that it is not necessary for the individual in
question to obtaina Texas Certificate of Title on his motor vehicle before
registering the same in this State.
Yours very truly
ATTOPNEK GU4EPALOF TKKAS
s/ Billy Goldberg
BY
Billy Goldberg
Assistant
BG:eaw:jrb: co: ldw
,APPROVEDMAR. 7, 1941
s/ GERALDc. MANN
ATJ!ORNgYGENERALOFTKXAS
APPROVED OPINION COMMITl!EE
BY B. W. B. CHAIRMAN
O.K. GRL