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# 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 HonorableRoy Blake, Chairman Senate Committee on Administration Texas State Senate G-27-J. State Capitol Austin, Texas 78711 OpinionNo.M'Q-444 Re: Construction of Senate Bill No. 150 relating to the disposition and amount of motor vehicle registration fees Dear SenatorBlake: You have asked for an interpretation of Senate Bill No. 150 enacted by the Sixty-seventhLegislature. 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 shalldeposit fiftypercent of each'week's collectionsuntil the amount retainedby 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, maintainedby the county. A county that collects the maximum under the amendedversion 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 isdeposited to theCounty Road and BridgeFund. Since the lawwill change in mid-year, you wish to know how much in fees the larger counties will be allowed to retain for the 1982 calendaryear. 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

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has already collected the maximum of $175,000 will on July 1. 1982, become subject to the followingprovision:

(a) On Monday of each week each County Tax Collector shall deposit in the County Depository of his County to the credit of the CountyRoadand 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 calendaryear shallhave reached a total sum of Fifty Thousand Dollars ($50,000) plus Three Hundred and Fifty Dollars ($350)for eachmile of countyroad,not to exceed fivehundred (509)miles, maintainedby theCounty according to the latest data available from the state Department of Highways and Public Transportation. Acts 1981.67th Leg.. ch. 203. at 4i5 (tobe codifiedat V.T.C.S. art. 6675a-10). If a countyhas not yet retainedthemaximumauthorizedby 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: "Afterdepositing the amountsprovidedby Subsections (a) and (b) of this section,he shall make no further deposits to the credit of said Fund during that calendaryear." (Emphasisadded). 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 statutewhich excepts collectionsin the 1982 calendaryear from that limitation. SUMMARY Article 6675a-10, V.T.C.S.. as amended by Senate Bill No. 150,will authorizea countywith 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 calendaryear.

MARK WHITE AttorneyGeneralof Texas

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JOHNW. FAINTER, JR. FirstAssistantAttorney General RICHARD E.GRAY III ExecutiveAssistantAttorneyGeneral Preparedby SusanL. Garrison AssistantAttorney General APPROVED: OPINION COMMITTEE Susan L. Garrison, Chairman Jon Bible Rick Gilpln Jim Hoellinger Bruce Youngblood