. . 

NEW GENERAL 

33 EXAS 

Honorable Grover Swift Opinion No. C-707 

County Attorney 

Winkier County Re: 

P. 0. BOX 1015 

Whether Article 1436-2, 

V.P.C., authorizes the 

Kermit, Texas prosecution of a person, 

who is customarily engaged in the business 

of obtaining motor vehicles for scrap disposal, 

for failure upon demand 

by the State Highway Department to surrender to 

such Department certificates of title to such 

Dear Sir: motor vehicles. 

In your opinion request you state: 

"A supervisor of investigation for the 

Motor Vehicle Division has asked me to file 

charges against an individual for failure to 

turn over to the Department certificates of 

title which have been demanded by the Motor 

Vehicle Division on certain vehicles now on 

said individual's property. 

"This individual does not have the certificates of title to these vehicles which were 

sold to him as junk. There is apparently no 

problem concerning said individual's turning 

over to the Motor Vehicl.e Division the license 

plates which were on these vehicles. 

"I have questioned the authority to file 

charges in connection with his failure to 

turn over the certificates of title which 

have been demanded but which said individual does not have in his possession for the 

following reasons, and I would like your 

opinion as to my position: 

"(1) Article 1436-1, Section 37, requires 

'That the owner last named in the certificate 

of title shall surrender such certificate to 

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. . 

Honorable Grover Swift, page 2 (C-707) 

the State Highway Department for cancellation when the motor vehicle to which such 

certificate of title has been issued is 

. . . junk, dismantled or destroyed or its 

motor number changed.' 

"(2) Article 1436-2 provides in part 

'That all certificates of title covering 

such motor vehicles obtained for scrap 

disposal, resale of 'parts or any other form 

of salvage, shall upon demand, be surrendered to the State Highway Department for 

cancellation.' 

"From reading these two statutes I find 

no requirement that the purchaser of the 

vehicles sold for scrap disposal, etc., 

as set out in 1.436-p be or is required 

to obtain from the seller a certificate 

of title for the automobile so purchased. 

On the contrary, Article 1436-1, Section 

37, places the burden or requirement on 

the seller or person last named in the 

certificate to surrender such certificate 

to the State Highway Department and provides a penalty for his failure to do so 

when such automobile is junk, dismantled 

or destroyed. Article 1436-l does not 

refer to the sale of such automobile." 

Article 1436-2, Vernon's Penal Code, was passed 

as House Bill 805, Acts 57th Legislature, Regular Session, 1961, chapter 506, page 1118. The caption to said 

act provi~des: 

"An Act to require any person, association of persons, corporate or other, 

who customarily engage in the business 

cf obtaining motor vehicles for purposes 

of scran. resale of Darts therefrom or 

salvage;< to surrende? to the State Highway Department all unexpired vehicle litense plates and Certificates of Title 

for such motor vehicles; providing for 

a penalty: and declaring an emergency." 

(Emphasis-added.) 

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, . 

Honorable Grover Swift, page 3 (C-707) 

The legislative intent to require the salvage 

dealer to surrender both the license piates and the certificate of title upon demand is clearly set forth in 

the caption. This intent is further shown by the language of the act itself. 

nal Code, provides: 

Article 1436-2, Vernon's Pe- 

"Any person, association of persons, 

corporate or other, who customarily enthe license-number and the-make and mo-- 

tor number of the motor vehicle from which 

such plates were removed shall be maintained on forms to be furnished by the 

State Highway Department. Upon demand 

the license plates and inventory lists 

shall be surrendered to the State Hiahwav 

way Department to furnish a signed receipt 

for the surrendered license plates and 

Certificates of Title. Any person violating any provision of this Act shall 

be deemed guilty of a misdemeanor and upon 

conviction shall be fined not less than 

One Hundred Dollars ($100) nor more 

than One Thousand Dollars ($l,OOO), or 

by confinement in the county jail not less 

than ten (10) days nor more than one (1) 

year, or by both such fine and confinement." 

This Act, passed some 22 years after Article 

X436-1, Vernon's Penal Code, makes no mention of "the 

owner last named in the certificate of title". It 

deas solely with persons engaged in the business of 

salvage of automobiles and provides that they shall 

immediately remove any unexpired license plates from 

a motor vehicle obtained for scrap disposal or resale 

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Honorable Grover Swift, page 4 (C-707) 

ok? parts therefrom or any other form of salvage and to 

place the license plates under lock and key. They shall 

also make up an inventory list as required in said Artitie. Said Article further provides that the certificate 

o:f title covering such vehicles obtained (by the scrap 

dealer) for these purposes shall, upon demand, be surrendered to the State Highway Department for cancellation. Fina!.ly, said Article provides that it is the 

duty 0:' the State Highway Department to furnish a 

signet1 receipt for the surrendered license plates and 

the certificate of title. If the legislature had intended .ior the license plates to be obtained from one 

person and the certificate of title from another person, they would have provided for receipts, not a receiat. Article 14~6-1 and Article 1416-2 are senarate 

andLdistinct acts,-' independent from each other. &See 

Err Parte Harry Rubin, 362 S.W.2d 331, (1962), which on 

rehearing held: 

"(6) We do not agree that Art. 1436-1, 

Sec. 37, which requires that the owner last 

named in the certificate o? title shall surrender such certificate to the State Highway Department for cancellation when the 

motor vehicle to which such certificate of 

title has been issued I* * * junked, dismantled, destroyed, or its motor number 

changed + * scJ1 provides a punishment for 

the same act for which a different punishment is provided in Art. 1436-2. The later statute provides that ail certificates 

of title covering motor vehicles obtained 

for scrap disposal, resale of parts or any 

other form ofsaivage shall u on demand 

be surrendered to the State M&-tment for cancellation. The former-requires 

the surrender by the owner last named therein 

of the certificate of title when the vehicle is junked, etc., whether obtained for 

such purpose or not, no demand for such 

surrender being required. 

"(7) If, however, the statutes do provide a different punishment for the same 

act, this would not render Art. 1436-2, 

the later of the two statutes, invalid." 

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, - 

Honorable Grover Swift, page 5 (C-707) 

It is the opinion of this office that a person, 

association of persons, corporate or other, who customarily engage in the business of obtaining'motor vehicles 

for scrap disposal, resale of parts therefrom, or any 

other form of salvage must, upon demand, surrender to 

the State Highway Department both the license plates 

and the certificate of title covering a motor vehicle 

obtained for such purpose. This is true whether the 

salvage dealer purchases the motor vehicle or, as in 

your hypothetical situation, 

to the salvage dealer. 

the motor vehicle is given 

SUMMARY 

Under the provisions of Article 1436-2, 

Vernon's Penal Code, 

upon demand, 

a salvage dealer must, 

surrender to the State Highway Department the license plates and certificate of title of a motor vehicle obtained 

for scrap disposal, resale of parts, or any 

other form of salvage. 

Very truly yours, 

WAGGONER CARR 

Attorney General 

REO/er 

APPROVED: 

OPINION COMMITTEE 

W. V. Geppert, Chairman 

Lonny F. Zwiener 

Sam Kelley 

John Banks 

W. 0. Shultz 

By: 

Assistant Attorney General 

APPROVED FOR THE ATTORNEY GENERAL 

By: T. B. Wright 

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