# The Attorney General of Texas
January 11, 1980 MARK WHITE Attorney General
Honorable Dale Summa Sherman County Attorney Sherman County Courthouse Stratford, Texas Opinion No. ~~-12 7 Re: Whether an automobile must be inspected before it can be registered Dear Mr.Summa: You have asked whether an inspection certificate is required to be obtained before one may acquire amotor vehicle registration inTexas. Article 668’7-1,section 30, V.T.C.S., which was amended by the last session ofthe legislature provides:

(a) Before any motor vehicle which was last registered and titled, or registered in some other state or country may be registered and titled in Texas, the applicant shall furnish to the designated agent a certificate as required under Section 142A, Uniform Act Regulating Traffic on Highways, as added (Article 6701d, Vernon’s Texas Civil Statutes). Nodesignated agent shall accept any application for registration and a certificate of title until the provisions ofthis Section have been complied with. Acts 1979, 66th Leg., ch. 312, at 716. The above provision is clear that before an out-of-state motor vehicle may be registered and titled the applicant must secure the certificate required bysection 142A,article 6701d, V.T.C.S., amended at the same time as wassection 30above.

Sec. 142A. (a) Before a vehicle may be registered and titled under Subsection (a), Section 30, Certificate ofTitle Act, asamended (Article 6687-1, Vernon’s Texas Civil Statutes), the owner must have the vehicle inspected as required under Section 140of this Act and must have the state-appointed inspection station record the permanent identification number ofthe vehicle onthe certificate ofinspection.

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The above section requires that out-of-state vehicles beinspected pursuant to section 140, article 6701dbefore aregistration and title may beissued; however, section 140(c),article 6701dprovides inpertinent part that:

. .. at no time shall a certificate of inspection or a receipt for a certificate of inspection be required or demanded as a condition precedent to securing alicense plate for any motor vehicle.

... Section 140(c)conflicts with sections 30and 142Awhich require inspection certificates for those vehicles last registered out of state before the issuance of title and registration (license plates). The more specific and more recently enacted statute prevails as an exception to section 140(c). State ex rel. Watkins v. Morgan, 555 S.W.2d 217(Tex. Civ. Aep - Waco 1977, writ ref’d n.r.e.1. Texas State Board of Pharmacy v. Kittman, 550 S.W.2d 104(Tex. Civ. App -Tyler 1977,nowrit); Attorney General Opinion H-834 (1976). However, you also ask whether an inspection certificate from another state iS sufficient to obtain aTexas registration and title. Section 140(d),article 6701dprovides:

(d)The Department may, in its discretion, permit inspection as herein provided to be made by State inspectors under such terms and conditions as the Department may prescribe. Provided, however, the Department may authorize the acceptance in this State of a certificate of inspection and approval issued in another state having a similar inspection law and may extend the time within which a certificate shall be obtained by the resident owner of a vehicle which was not in this State during the time an inspection wasrequired Therefore, we believe that the Department of Public Safety may reccgnize a current certificate of inspection from another state which has a similar inspection law for the purpose of registering and titling the vehicle in this state. However, section 142Adoes require that the permanent identification number of the vehicle be recorded on the certificate before the vehicle may beregistered and titled inTexas. SUMMARY A certificate of inspection is required before an out-of-state vehicle may be registered and titled in Texas. An inspection certificate from another state may berecognized for this purpose. l-trH

MARK WHITE Attorney General ofTexas

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JOHN W.FAINTER, JR. First Assistant Attorney General TEDL.HARTLEY Executive Assistant Attorney General Prepared byDavid B.Brooks Assistant Attorney General APPROVED: OPINION COMMITTEE C.Robert Heath, Chairman David B.Brooks BobGammage Susan Garrison Rick Gilpin SueLowe

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