Hon. D. D. Williams County Attorney Throekmorton County 

### Throckmorton, Texas Oplnlon No.v-234

Re: Additional Registration ofMotor Vehicles, Article 6679-2, v. c. s=, and wfthholdlng of addftlonal wefght 

### receipts by StateRlgbvag Departmen%.

Dear Sir:

Your request for an opfnlon reads inpart 

### as follovs~

‘“P

o Does an 

### ovneror operator,of a commercial vehicle have %o pay additional weight fees fn the County of the owners residence when he 1sarrested for overloadfng ina countg other than that of such owner"8 residence,
or can he proceed to the nearest county seat and pay such addltfonal weight fees. on %wo occasions fn the year 

### 1946duMmg the grain harvest season, State Hlghwa~ Patrolmen arBested and brought operators of commercial vehicles Into the TaxAssessor-Collector of this county to pay additfoual weigh% fees aft

### er the operators bad paid fines for overloading. Inbo%h 

### cases%he operators lived or resided In counties considerable dls%anc.es from here and the owners hadregistered %he vehicles in such dls%an% counties. The Tax Assessor-Collector refused to issue such addftfonal vefght fee receipt or receive the money therefor.


### “2

. Does the Tax Assessor-Collector of 

### Throckmor%onCom%y, Texas, have the authorftg to Issue addftional veigbt fee recefpts and receive themoney therefor on comer-elal vehfcles which were no% registered oHgfnally In this county but which are being operated in this county during seasonal work, such as moving the grain crops?“3. Can the State Motor Vehicle Dlvlslon, Hlghvay Department, limit the TaxAssbasor-Collector ofThrockmo~r;o~uoumy, Tbxaal, to ten (10)additional veight receipts, uhS.& vi11 only take care of five trucks with their trailers? There are sixty (60) trucks aud truck-tractors registered insthis county. Practically 811 of them will be required to pay additional weight fees during th6 coning grain narvest. Themotor Vehicle Dltilsion of theState Highway Department has sent only ten (10)additional weight fee receipts tothe Tax Assessor-ColPectoP of this county and refuses to sena,any mom. It Isdefinite that this county iand the Assessor-Collector vi11 need more than thatmmber of receipts." Hon. D. D. Williams -Page 2

It isarsuma fop the purpcme of this opinion that by the use of thevord "operator" as contained in yatw first o_aes%iann W-w'&pm intend todeskgnate a per3on who comet wfthfn ~tbeatatu%org defhitfon of "ovnern as'deflned laArticle 

### 66750-1, Section (L),V%rwmy~ Civil statutes.

Article 6679-2, Vernon's Civil Statutes, provides Inppt as follows:

"Ever ov ep ofamotor vehicle, trailer or ZZi?? +

-tra ler used orto be tied upon~ %h% Jwbfal."lo

?ai,#@l%wp

of %MS sQil;e&all a

_-- p& each pep to the ;tete l&g&p Denare -

ment thrcmgb the Coum y'Tax Cal ector o? the 

### --

P

### in which 

### he reaides for the 

### registraion of each suchvmovned 

### orcontr'ollbd by him for the ensuing or current caleudy 

### year or unexpired portion thereof e
. . (mptmml ours)

It has been re atbdlg heldby the court& of thin State thatArticle 67p-2, V. C. S., requires an f?
owner of 8 mcotos we::h%~c,,le of hfs resfdence. f2d\ 277 (Tex. Cfv. Previous oplnlons of.the Attorney General have been unlfbla in follovlug the rule announced in these decisions. See, OJ&-
LOU 0 npyl dated February 14, 1940, and O~lnlon o-2950, dated-Ha& 18, 1940, enclosed herewith.Hon. D. D. Wflllams -Page 

### 3

The

### factual basis for your first question differs from that presented In each of the above decisions In only one particular. Under the facts stated by you the vehicle ovner ha3 registered hi8vehicle in the county of his residence for the current reglstration year, but he Is subsequently arrested Ina county other than that of his residence for operating said vehicle over the public highways with a ,total gross weight In excess of that forwhich %he vehicle
was originally registered. The question $&,,spy3_, serltedIswhether,the vehicle owner may apply for an5 c;tain additional registration on his vehicle In the co~ntg where arrested, and where the vehicle isactually being operated, ormust he obtain such addltP_ona1registration in the county of his residence.

We ,areunable to see

### ar-y distinetlsa "xtsroenthe original reglstratlon of amotor vehicle by Its owner

### aada subsequent registration of the
same reMale for an aaal%l0na~ amo3ct in ,wro3sweight, ~:;icle 66:5a-~, supra, expressly fixes t.56si35 of registration as the county Inwhich the owner reslde5< Ro exception is contained In the Act regarding subsequent and additional regfstrations w:.thin'"hecurrent registration gear whereby the gross reglst-tred carrying capacity of the vehicle is Increased, LS<:- wise, nothing is contained in theAct authorizing the owner or operator of amotor vehicle, In case of 

### arrest for underweight registration, toproc;eedto the neares% count:yseat and there, regardless of whether it Is the county of his residence, secure additional registration on said vehicle.

The reason for fixing the sltus of reglstration as the county of the owner'3 resld9nce is clearly and tersely stated inM:ller v* Foard,,aupra, wherein %be court said:

"Article 

### 6675,R. C. S., repeeled 'before the transaction here involved occurred, permitted the ovner of amotor vehicle to pay registration fees at 'theoffice of the county tax oollector 

### of the county fnvhlch he resides or inwhich the vehicle tobe registered 13being operated.,i

"The omission of the language 'Or In which the vehicle tobe registered labeing operated' from article 

### 6675a-2

. . .to-, gether with the provision of

### article6@5a-1OEon, D. D. Williams -Page 4

autborfsing each county to retafn all regietpation See8 collected untfl the amount fop the eur~en~tyear shall have reached me sum of $50.000. said sum tohe deoosited to the twe~f%~aP its roadamI SsrMge-frmcl, clearly maniSests the fntention of the Leg- ~islature%o direct and monlre su~2tn peg& tmtion Pee8 tobe collectedlby tbe,t.ax collector of the county invhlch the ovner OS the vehicle lives.

'"ISthem s%a%utes Sal1 toaccomplish sW?h Diii+w88.it **fO_llOVs** tk4t the PaadS Of gee county may be received and auuropriatecl bg another ooun%g." (Emphasis ours) -
The reasoning and holding of ttmetour% fn %he above quoted portion of Its decls'lonappl9ea with equal force end effect to subsequent and additional regietratfons to Increase the amount of the authorized registered carrying oapcitg ofa pan%icula~ motor vehicle. Itwas heretofore held by theAttorney @llePal illODi~fOQ x0. 0-3645 efELtt?d .~WS 1.4,@kb, %hg% a commeroial vehicle ,ownGdand regis%ered,bg a corporation fn the county of its domfofle, but actuallg operated fnanother county, must be registered for an additional gross weight increase in the couuty of the corporation's domicile rather than in the county where the vehicle was operated. In this connection it fs fnterest"sngto n5%e %ha% thepresent Leglslsture has refused to enact a bill which vould expressly au%horllzethe owner OS amotor vehicle to apply for and receive addltlonal weight registration Increases ina county other than that of the owner89 residence. See, House Journal, Fiftieth Legislature, Regular Session, Ap~ll 1, 1947, pages 1233, X234.

Baaed upon theabove authorfties, and Sol1ovSng the rule announced in O~inioa Ro. O-3645, storm
are advised that the ovner and oneeratorof a'comms~- olal vehicle must apply for and receive from the~tax collector OS the county inwhich the ovner haa MS residence any additional registration receipt increasing the gross reglatered carrying capacity of said vehicle, and this is true regardless of the place where the vehicle Isactually being,operated.

In anaver to your second question, asd in connectfon wlthbur discussion thereof, we assume.

. . -

Hon. D. D. Williams -Page 

### 5

that the legal resldence of the owner of themotor vehicle was originally registered SOP the current reglstratlon year. Thls la in each lnsteime some.~ county In this State othevvthaiiThrockmorton Couuty. We also assume that-the owner of suchmotor vehicle would voluntarily pay the additional reglstration fees to the Tax Collector of Throclbsorten County In the event he Isauthorized to receive the. same, and thus thesole question presented invhether said TaxiCollector has the authority to accept such registration fees.

This question has been answered in de%all by the oourt ln~Mllle~ v. Foard, supra. In that
case. one of the issues nscessary to the decision lwoived the liability of;cer%alk stieties on an 'official bondfor registration fees collected by ths Tax Collector of Foard County in registering motpr vehicles belonging to residents In this States o$Ijerthan Foapd County. In deciding this issue the~~courtsaid:

"TheTexas authorities recognixe the rule which dls%lnguls,hesthe liability of
a surety for the acts of an officer for which they are liable and for acts r0r Which they ape no% Iiablez

. .~ "'The former a& termed acts done "vlrtute officil," and the latter "coiore ofrlcll." The dlstinc%ion Is this: Acts dotie"virtute oSflcll"'are vhen they are vithln the authority of the offlCeP, but when doing it he exercises thatauthority improperly, OFabuses the confidence which the law reposes In him; whilst acts done n~olore offlcll" axe where they are~of such nature the office gives hl+ uo authorltg to do them.' Cold v~,Campbell 

### 54Tex.,Civ. App. 

### 269,; 117 9,.W,.

### 463, 468. ”

. . . Weare not uumlndful of the rule which holds sureties on official bonds liable for 113egal taxesVmdiXle~I fees voluntarily paid, but the registratlou .feesin controversy were legal fees pay-~ able to the proper counties for their roadEon. D. D. Williams -Page 6

and bridge funds, and -theircollection by Que R.Miller was a diversion thereof, a& his acts in so doing wepa. not authorizedor sanctioned~by lav. Thes were not lllexal fees voluntarily vsld. bnt were legal fees unlawfully eolleatqd urde~~ the color of ofrice and not in the nerrormance 0s official duty. If this conclusion 1s correct, the appellant in this case was not responsible for the $5,221.12 Fegiswation fees collected by Que R. Miller Sromovners ofmotor vehicles residing inTexas but not living in Foard county." (Ruphasls ours)

In our opinion the **above** decision is a full and complete answer to the question presented, and ve therefore answer your second question In the negative.

Your third and last question relates to the power and authority of the State Highway Department to limit the number ofadditional weight registration receipts 1%has delivered to theTax Collector ofThrookmorton County for the current year. Bathing Is contained In the Pacts submitted by you~lndicating that the State Highway Department has refused to issue, by and through theTax Collector OS Throckmorton County, 

### anadditional weight certificate and receipt toany actual motop vehicle owner who Isa resident ofThrockmorton County. Therefore,your third question la llmited toa determination ofvhether the StateHighway Department OF the county tax collector is to have the final authority, as betveen the two, In determining thenumber of additional weight receipts tobe delirered to the tax collector.

Artlole 6675a, Vernon's Clvll Statutes, places the duty ofmotor vehicle registration upon the State Highway Department. When the county tax collector"acts, either ln the original registration QS a vehicle, or in the issuance of addftional registration receipts increasing t'heeu%borized gross registration weight of the vehiole, he acts onPy as the agent of the State Highway Department.

Article 6675a-2, supra, expressly provides, inpart,as Sollowa:

II Shall aDDly each year t0 ttlC? State Rlihvag Department through the countyHon. D. D. Wllllams -Page 7

tax collector.

. . ." (Emphasla ours)

Article 6679-12, V. 0. S., provides, papt, as,followa~ IU

"TheDMartment shall iiiae. oi cause tobe issued, to the owner of each vehicle reglstered.Wder the p~ovfelons of this act
a license receipt which shall Indicate

. . ." ~Emphaals ,ours) i

TheAct also provides for the application to bemade to the county tax collector who 1s the "91z one authorfoed to Fecelw the license fees provl ed la theAct. (Buphasfa 0~~s)

Itwill be observed frointhe abow quoted p~oo1slons ofArtldle ,6675a, aupra, that the appllcation for registration lamade to.the State Highway De- .par%meitt,

which Is.tolsaue a license receipt and lltense plates. This Isalso true ofappllcatloas 

### for additional registration weight receipts. The Act.places the 'dizt;r

on f&e State Highway Department to receive the applications and issue th;elicense receipts. It IS evident throughout theAct that the tax Collector la merely acting 

### as agent for the State Highway Department In receiving such appllcatlona and laaulng license receipts. It,is likewise evident from

### a reading of the entire Act that the dut7 of enforcing the provlsloaa of theAct is islpoaedupon the State Highway Depsrtmeat.

Bowhere ih theAct 

### la it provided whose word is to be final in

### case of dispute between ~thetaxicollector end the State Highway Department 

### aa to the number of'addltlonal r8glstratlon weight receipts tobe dellv-epedto

### a particular county and the number that meg be needed. It is true that theAct taken as a whole probably contemplates that the tax collector la to Issue additional reglatratlon weight receipts upon applieatlons received by him, but at the same time f% fs also contemplated that the tax collector will not fssne such receipt8 to amotor whlcle owner who is no% a resident of the county, orwho does notiotherwise come within the Pequlrements of the law.

We ape unable to find any authorlitywhich authorizes the State Highway Department to refuse to furnish additional weight receipts, or other fows, to any county baaed on a supposltlon that the %ax collectop of the county will violate the provisions of theHon. D,.9. ,)Jllll~p-Page 8 ‘::.

IUO%OPvehiCl8 P8&4%ra%lOn laWs. On the other hand, the State Highway Department, being chaPged with the duty of,proper enfoPcemen%'of OUT reglatra%lon laws, certainly has the right and ,dutyto supervise thework of,l%a agen,%sIn such amanner as to prevent any vlolatlons of %h8 law by Itsagents. We know that the Highvay.,DepaP%mentdoes, as amatter of pPac%lCe, from time ,%o'timecheck the registrations ofdifferen,tcounties and suc,hchecks Inmany Instances disclose vio1atLona of the law.

Inasmuch as theAct places the duty of the enforcement of theAct on the State Highway Departmen% rather than on %h8 tax c!ollectoP,acting in the capaCl%y of an agent for theDepaPtment, it Is OUP opinion that.any dispute as between the tax collec%cr and theDei:zP%men%,aa to the number of additional reglstpatfon weight receipts a particular,county Is to receive, should be &ecld@ by %h8Department. 1%
was previously decided In ODinion No. 2050, dated March 10, 1940, that inany dlspU%8 as to the par- %lculaP classlfiCa%iOn Ofa vehicle as between the tax collector snd the State Highway DepaPt4nen%,the final authorftg would rest with theDepartment. The
reasons ateted in that opinion apply with equal foroe to OUP hoidlng on the instant queetlons. The authority of the State Highway Department la conneotlon with this question ieaa between the StateHighway Department aud the county tax oollector, and nothlng herein shall b8 constrmed as prohibiting an appeal to the courts of this Stat8by a

### motorvehicle owner from a decision of the State Highway fuelng an additional weight receipt. Depar%aent reSIRMARY

1. ' The owner'and operator ofa commercial 

### mbtorwhlole must register said vehicle 

### foradditional weight lnhreaaes In gross oarrylng oapaclty in the county of the owner'a resldenoe ra%her than In the county where the vehicle Is inactual oper

### ation. (Following Article 6675a-2, V. 

### C.S.)

2. The county tax collector ofThrockmorton County Isno% authorized to Pesceive registration feee and Issue additional weigh% registration receipts therefor on commercial whicles owned by the eeldent ofanother

### .

Hm. D. D. Wllllama -Page 9,

counts, and originally mglatered la 

### th8 countr of 

### the

### owner'~residence.

Yours very truly
',A~ORNJ3YGERERAL OF TEXAS

-. Charles D. Matham Assistant

Enclcsurea APPROVED:

ii&& 2d
ATTORNEY GENFXAL