L ‘. 

, 

The Attorney General of Texas 

February 19, 1982 

MARK WHITE 

Attorney General 

Supreme Court Building 

P. 0. Box 12546 

Austin. TX. 7671% 2549 

5121475-2501 

Telex 910/674-1367 

Telecopier 51214754266 

WJ7 Main St.. Suite 1400 

Dallas. TX. 752014709 

21417428944 

4624 Alberta Ave.. Suite 160 

El Paso. TX. 79305.2793 

91515333464 

1220 Dallas Ave., Suite 202 

Hous,on. TX. 770026966 

713’6- 

806 Broadway. Suite 312 

l.ubtock. TX. 79401.3479 

8061747.5236 

4309 N. Tenth. Suite S 

McAllen. TX. 76501.1665 

512i662-4547 

200 Main Plaza. Suite 400 

San Antonio. TX. 76205.2797 

512l2254191 

An Equal Opportunity/ 

Allirmative Action Employer 

Honorable Roy Blake, Chairman 

Senate Committee on Administration 

Texas State Senate 

G-27-J. State Capitol 

Austin, Texas 78711 

Opinion No. M'Q-444 

Re: Construction of Senate 

Bill No. 150 relating to the 

disposition and amount of 

motor vehicle registration 

fees 

Dear Senator Blake: 

You have asked for an interpretation of Senate Bill No. 150 

enacted by the Sixty-seventh Legislature. Acts 1981, 67th Leg., ch. 

203, at 473. Section 1 of this bill amends article 6675a-10, 

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. 

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 

retained for the current calendar year shall have reached a total sum 

of $50,000. Thereafter, he shall deposit fifty percent of each'week's 

collections until the amount retained by the county reaches $175.000. 

All collections made in excess of these amounts are remitted to the 

Highway Department. 

The amendment, which becomes effective on July 1, 1982, provides 

that one hundred percent of the fees collected shall be deposited in 

the County Road and Bridge Fund until the amount deposited for the 

current calendar year has reached the sum of $50,000 plus $350 for 

each mile of county road, not to exceed 500 miles, maintained by the 

county. A county that collects the maximum under the amended version 

may retain one hundred percent of fees up to a total of $225,000. 

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 countymaintained 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