OFFICE OF THE ATTORNEY GENERAL OF TEXAS 

AUSTIN 

Eoonorabls Julian &ontgomery 

state Klghway Engineer 

Auntin, Texas 

zmar sir: 

1040, in whloh yo 

determined that 

its buses only 

request our an 

letter l e. to ll 

er of Earoh e0, 

y Departaept ha* 

s may ragirter 

n rach faot, you 

llet out ln y o ur 

that the All Amerlean Bus Lines 

e prinoipal 0frh in tbts other 

knowing that no aotor bgr company 

egal residenoe or prinoipal orribe 

r oounty, is it the duty of the El@- 

at, undar suoh siroumstances, to supply the Tax Oolleotor or thfs other oountr with 

bus plates for the All Amerloan Bus Lines oimplr 

beoauca a request has been made of the Qepartamnt 

bg the Tax Colleotor of this othsr oountg iOr 

such plates in order to register the busee of the 

All Amerioan Bus Linea: 
Honorable fulian t:ontgoaory, page 2 

"(0) Ii your answer to question (b) 18 in 

the affirmtire, then what is the duty of the 

Highway Department should still another ooonty 

regueat bus plates in order to register the buss8 

of the All Anerioan 31s Lines? Alao lniom us 

as to the duty oi the Highway Department should 

every county in Texas request an unllmlted aupply or motor Im~iplatee.- 

In oplnlon NO. O-SOW, addressed to yoqyi3u will 

reoall our m~ling as follows, in ooanection with the authority of the Highway Department: 

"'9. what, 1.t .any, la the authority or the 

Righwar Department to determine d.lrputed olaselrlcatlons or rahloles and other quwtlonr lnvolrlng aonstruotion of the re&stratlon lawa 

which arlae tram time to time?* 

wArtlale 66OSa, Vernon' a Annotated Civil 

Statutes, places the datr of motor vehlele reglstration 'upon the state Iil@tuy Department. 

When the oounty tax oolleotor aot8, he aotr only 

a8 agent of raid Department. Article Q678a-8, 

mwra, prorlder, in partr 

‘I . . #hall apply each Jbar to the State 

Wgl~y Depament through the cocnty tax eol- 

. . . 

•.~. 

*Artlole 6675a-12, Vernon*6 Annotated Civil 

Statuter, prorldea, in part3 

WiThe Dq?artment 8hall lame, or cause to be 

lsmue6, to the owner or l aoh rehlole reglstereQ 

tut4er the prorieio~ 0r t&26 Aef a liaame reaelpt whleh aha&& lndleate. . f 

*Article bWSa-13, Vernon's Aanotated Civil 

Statuter, yroridee, in part: 

"'The Departlnent 8hall isrue or 06we to be 

lasued, ene lioenae number plate for saoh aotor 

OJOlC), road tnotor, trailer or eeml-txaiSer, and 

two lloense aumber plates for any other rehl6le 

registered under this Aot. . . .* 
474 

gonorable Julian koutgomry, Sage 3 

"The Aot also provide4 for the applleatlon 

to be Lade to the oouuty tax oolleotor who Is 

the ouly one authorleed to reoelve the lloense 

fees provided in the Aot. 

*It may be seen iron the above quoted provisions of the A!otor Vehlole Registration Aot 

that the-;qppfIoatfon Is made to the State Filghway Departzstik who I4 to 14aue a license reoelpt 

and lloenee plates. Nowhere in the AOt 1s it 

provided whose word 16 to be final in case of 

disputed cla66ItioatIon of vehioles. From the 

above Quoted statutes which plaoe the duty on 

the State Highway Department to reoelve the applioation and to lasue the license plates and 

the license receipts, w6 are of the opinion that 

the State Highway Department 1s the proper authority to detemlne disputed clasalrlcatIon of 

vehicles. It I# evident throughout the Aat that 

the tax collector 1s merely aotlng as agent for 

the State HIghway Department. Your attention Is 

further oklled to the faat that the ouly tIn6 

that It beoomee neoe44ary ror the applloatlon to 

be subxltted to the state Highway Department for 

said Department*8 approval before lloense plates 

may be Issued I4 in on48 of vehicles nhloh are 

the property of the United States (;overnment or 

the State of Texas or any oounty or olty thereof. 

Artiole 6675a-3aa 40 spealfloally provides. 

=@hlle the Aot taksn aa a whole probably 

oontemplates t&et the county tax oolleotor 1s 

to issue the licenee reoelpt upon applloatlon 

reoelved by hIa, the Act plaoes the duty of the 

enforoemnt of the sahe upon the State El&may 

Department which Depart&e& should be the final 

aut.horIty In the settlessnt of dlsputsd olasslfloatIons. 

"The authority disoussed ln oonneotlon with 

this question 1s a8 between the state Highway 

Department and the oounty tax oolleotor. hothing 

herein shall be oonatrued as $rohlblting an appeal by a motor tiehlole owner from a ruling OS 

the Highway Department to the courts of this State." 

In amswer to your question (a) it 1s our opinion 

that the Highway Departaertt having deterazlned that the buses 
475 

Honorable Julian ~ontgomarj, mge 4 

of the All A&erican Bue L1n.m should be registerad in Dall~~e 

county, it then brooms the duty of raid Departstent to uupply the Tax colh4ator of Dallas County with licemm plats8 

for the regis:ratlon of 8UOh boaam. 

In answer to your qued.ion MO. b you am advised 

that based upon the foot8 8tated, it 1s not the duty OS 

rour Departmoat to 8ead motor buo ~lodnae plates to this 

other county for the reglrtratlon of the buaea la question 

in said county, which regirtratlon would be, am you state, 

rmsuthorlitea by law. 

Aa wa here atUiw8red your quartioa 100. b in tb 

Itire your queatioa No. o door not need to be amwerd. 

Your8 very truly 

ATTORBXY CXNrtHAL OF TEXASJ 

*G,- 

ATTOFSEY GENERAL OF TEXAS