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### THEATTORNEY 

## GENERAL

OF-XAS GERALD C. MANN

Honorable Homer Garrison, Jr. Director Department of Public Safety Austin, Texas Attention: J. B. Draper, Chief

Certificate of Title Division
Dear Sirs Opinion No. O-3154 Re: Registration of new motor vehicles by county tax collectorwhen application for certificateof title has been made in another county. 8% acknowledge receipt of your letter of February 10, 1941, in which you request the opinion of this department upon the following situation: "This Departmentdesires an opinion whether it is permissible,under the facts set forth, for the county tax collectors to permit caners of newmotor vehicles to register in one county and file applicationsfor Certificates of Title in another county."

The letterwhich ycu enolosed from Mann Fuller, TaxAssessorCollector of Gregg County statesthat the Humble Oil Company seeks to register motor vehicles in Gregg County and send theirmanufacturers' certificates to their hcme office in order to apply for certificate of title in the ccunty in tiich it is located. Mr. Fuller also statesthat he has been advised by the Tax Collector of Rtisk&unty that he has followed this procedure in the registration ofmotor vehioles and has permittedapplicants for new license plates to send theirmanufacturers' certifiaatesto their hcme offices.

I% enclose e.copy of Opinion No. O-2050 renderedby this department which reveals that the registration lawsof Texas per&t registration of a motor vehicle by either the perecn having legal title, legal possession, or legal control of saidmotor vehicle. In other words, a motor vehiclemay be registered in the county of dcmioile of the personhaving legal possession or legal control of saidvehicle although the person holding legal title to said vehicle resides in another county.

The Texas Certificate of Title Aot is contained inVernon's hnnptated Penal Code of Texas and designatedArticle 1436-l+ Section 63(b) reads as followsr "The department or any agent thereof, shallnot after the first of January, 1942, register or renew the registration of anymotor vehicle, unless and until the owner thereof shallmake application for and he granted an official certificateof title for suchvehicle or present satisfactory evidence that a certificateoftitleibr suchvehicle has been previously issued to such owner by the Department. Provided, however, this shall not apply to,-.

Honorable Homer Garrison, Jr., page 2 (O-3134)

automobileswhich mere purohasedprior to January 1, 1936."

Since the above section, by its own terms, does not become operative until January 1, 1942, the clear inference is that neither the Dspartment of Public Safety nor any of its agents shall require,prior to January 1, 1942, that application for and granting of an official certificate cftitle bemade beforethe vehicle is registered. Fxther, it appears that Article 1436-l res that application for certificateof title bs made by the "onnor" in the county of his domicile and section 4 of said artiole definesthe term "owner* as fcllcwsr "Theterm 'comer'includes any person, firm, association, or ocnpcraticnother than a manufacturer, importer,distributor,ordealer claimingtitle to, or having a right to operate pursuant to R lien on a motor vehicle after the first sale as herein defined, except the federal governmentand any of its agencies, and the State of Texas, and any governmental subdivisionor agenty thereof not required by law to register or lioensemotor whioles owned or used thereby in this State."

Frcm the provisionsabove referred to it is clear that the requiranents ofArticle 6675a,Vernon's Revised civil Statutes, the registration law, and of Article 1436-1, the certificatecftitle act, not only are act aprallel but bear no similaritywhatever. Furthermore, it appears that by the specific tenas ofArticle 1436-1, a tax collector is prohibited from requiring that application for oertificateof title be made before registrationofmotor vehicles, up to January 1, 1942. After January 1, 1942, a tax collector should require that certificateof title be ussed upon a vehicle before it is registered,unless that vehicle was purchasedprior to January 1, 1936, but he cannot requirethat certificatecftitlebe issued in the same ocunty in which the vehicle is sought to be registered. The procedure followed by the tax colleotorof Rusk County is proper and complieswith both the registration laws and the oertificate of title 1RW. Dependingupon the fact situation existent at the time,motor vehiclemay bo registered in the county of the domicile of the holder of legal title or in the county of domicile of the person in legal possession or legal control of the vehicles.

It is therefore the opinion of this department that prior to January 1, 1942, tax oclleotcrs should registernew motor vehicles without requiring the production of amanufacturer's certificateand applicationfor certificateof title. It is further the opinion of this departmentthat, dependent uponthe fact situation,motor vehiciesmay for certificateof title issued in

RCsdbregw Enclosure 4PPROVED FEB 21, 1941 /d GERALD C. MAEN A!ITOBBEY

GEEEP-ALOFTEXAS be registered in one countyand appiicaticn either the same county or in another county.

Yoursverytruly AT'IOREEYGEEER4LOFTEXAS By /s/Ross Carltcn Approved Ross Carltcn Opinion Committee Assistant By B WB Chairman