November 1, 1956

Hon. Robert H. Caldwell. Jr. Opinion No. S-216 County Attorney Denton County Denton, Texas

Dear Mr. Caldwell: Re: Authority ofa County Tax Assessor-Collector under Article 6675a-15, V.C.S., to retake motor vehicle license plates obtained by giving a check tobe redeemed subsequently with cash. Your letter requesting our opinion inreference to the captioned matter reads, inpart, as follows:

“The fact situation is as follows: A check was given tothe tax assessor and collector of Denton County, Texas on the 15th ofMay, 1956 for the registration fee on anew truck. The check was inthe amount of $144.17. The word ‘hold* was written in the lower left hand corner of the check and the tax collector agreed tohold the check for aperiod of thirty days and at the expiration of that time the maker agreed to come inand redeem the check by paying the tax collector the above sum incash. 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 thebank onwhich itwas 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 ofAugust, 1956 and resold. Both the dealer lien-holder and the new purchaser believing the registration fees tohave been paid for infull. 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 theAttorney General.” You specifically submit the following questions:Han, Robert H. Caldwell, Jr., page 2 (S-216)

‘(1) Would the County Tax Collector, inview of the above outlined circumstances, and after waiting approximately three and one-half months, have the authority under Article 6675a-15, torepossess or order the repossession of license plates now inthe hands of an innocent purchaser 7

“(2) ISArticle 6675a-15 applicable toa situation where the Tax Collector, ineffect, extends credit by accepting a check which is tobe redeemed later by cash? *
that: Article 6675a-15, Vernon’s Civil Statutes, provides

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

. . .drawn upon any bank or trust company inpa - &ense ment of the registration license fee or fees an number plates.
. . onany motor vehicle.
. . and such check.
. . shall be retnrned unpaid tosuch tax collector

. . . on account of insufficient funds, or nofunds, in such bank or trust company tothe credit ofthe drawer thereof, itshall be the duty ofsuch tax collector.
. . to immediately certify under his ‘afficlal seal, accompanted by said check, the sheriff or any constable or highway patrolman inhis county ofsuch fact, giving such officer the name andaddress 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, uponfinding such person, demand ofthe drawer of the check immediate redemption ofsame, and itthen provides that upon arefusal toredeem such officer shall seize and remove from the motor vehicle the license number plates and return them tothe tax collector.

Itis our opinion that both ofyour questions should be answered inthe negative. Under the statement given us, the check was neither given nor accepted 9n payment ofthe registration license fee or fees and license number plates.’ This ‘hold’ check amounted to nomore than amemorandum of indebtedness or I.O.U. Furthermore, the license plates are now owned and held by an innocent purchaser. SUMMARY

The provisions ofArticle 6675a-15, V.C.S., as torecovery of motor vehicle license plates, donot apply inthe event a check is given the tax assessor-Hon. Robert H. Caldwell, Jr., page 3 (S-216)

collector not inpayment for the license plates and registration fees, but given and accepted under an agreement tohold 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