November 1, 1956 

Hon. Robert H. Caldwell. Jr. Opinion No. S-216 

County Attorney 

Denton County 

Denton, Texas 

Dear Mr. Caldwell: 

Re: Authority of a County Tax 

Assessor-Collector under 

Article 6675a-15, V.C.S., 

to retake motor vehicle 

license plates obtained by 

giving a check to be 

redeemed subsequently with 

cash. 

Your letter requesting our opinion in reference to the 

captioned matter reads, in part, as follows: 

“The fact situation is as follows: A check was 

given to the tax assessor and collector of Denton 

County, Texas on the 15th of May, 1956 for the registration fee on a new truck. The check was in the 

amount of $144.17. The word ‘hold* was written in 

the lower left hand corner of the check and the tax 

collector agreed to hold the check for a period of 

thirty days and at the expiration of that time the 

maker agreed to come in and redeem the check by 

paying the tax collector the above sum in cash. At 

the expiration of said thirty days, demand was made 

upon the maker for redemption, but the maker failed 

to do so. The check never was and never has been 

presented for payment to the bank on which it was 

drawn. No order was lmmedlately issued by the tax 

collector ordering the sheriff or any other officer to 

effect redemption or repossess the license plates. 

“The truck was subsequently repossessed by the 

dealer lien-holder on or about the 25th day of August, 

1956 and resold. Both the dealer lien-holder and the 

new purchaser believing the registration fees to have 

been paid for in full. The license plates were attached 

to the truck and are still on it. The tax collector 

permitted transfer of the receipt but has deferred repos- 

.sessing the license plates pending an opinion from 

the Attorney General.” 

You specifically submit the following questions: 
Han, Robert H. Caldwell, Jr., page 2 (S-216) 

‘(1) Would the County Tax Collector, in view of the 

above outlined circumstances, and after waiting approximately three and one-half months, have the authority 

under Article 6675a-15, to repossess or order the 

repossession of license plates now in the hands of an 

innocent purchaser 7 

“(2) IS Article 6675a-15 applicable to a situation 

where the Tax Collector, in effect, extends credit by 

accepting a check which is to be redeemed later by 

cash? * 

that: 

Article 6675a-15, Vernon’s Civil Statutes, provides 

“Whenever the tax collector or assessor or collector of tares shall receive from any person a check 

. . . drawn upon any bank or trust company in pa - 

ment of the registration license fee or fees an &ense 

number plates. . . on any motor vehicle. . . and such 

check. . . shall be retnrned unpaid to such tax collector 

. . . on account of insufficient funds, or no funds, in 

such bank or trust company to the credit of the drawer 

thereof, it shall be the duty of such tax collector. . . 

to immediately certify under his ‘afficlal seal, accompanted by said check, the sheriff or any constable or 

highway patrolman in his county of such fact, giving 

such officer the name and address of such person who 

gave him such check. . . and the number and make of 

such motor vehicle. . .* (Emphasis added.) 

Such Article then provides that such officer, upon finding 

such person, demand of the drawer of the check immediate redemption of same, and it then provides that upon a refusal to redeem such 

officer shall seize and remove from the motor vehicle the license 

number plates and return them to the tax collector. 

It is our opinion that both of your questions should be 

answered in the negative. Under the statement given us, the check 

was neither given nor accepted 9n payment of the registration 

license fee or fees and license number plates.’ This ‘hold’ check 

amounted to no more than a memorandum of indebtedness or I.O.U. 

Furthermore, the license plates are now owned and held by an 

innocent purchaser. 

SUMMARY 

The provisions of Article 6675a-15, V.C.S., as 

to recovery of motor vehicle license plates, do not 

apply in the event a check is given the tax assessor- 
Hon. Robert H. Caldwell, Jr., page 3 (S-216) 

collector not in payment for the license plates 

and registration fees, but given and accepted 

under an agreement to hold the check until 

later redeemed by cash. 

APPROVED: 

J. C. Davis, Jr. 

Reviewer 

Mert Starnes 

Reviewer 

L. W. Gray 

Special Reviewer 

Davis Grant 

First Assistant 

John Ben Shepperd 

Attorney General 

WVG:cs 

Yours very truly, 

JOHN BEN SHEPPERD 

Attorney General 

By d??-+--- 

W. V. Geppert 

Assistant