Case Information
*1 OFFICE OF TNE ATTORNEY GENERAL OF TEXAS iionoreble D. C. Greer
Dear Sir: 9, i4tb4r or ~0~4mr
f this Dopartmont upon ration of m4toz rrhi4148 44 of 8ale in thm e4n (LOU, wail6 dl In Sootton r)#aboto quote6 4 oporatrd unQ4r it8 own 44 in BOW oth4r Stat4 for ct (b) when a sombinatlon of nb the other, both OS whloh in nnother~ Stat4 r- 4n year; (4 1 It ‘yuQation 1-b i8 444u4raQ i4r bo payable on a, woul.6 the )3.00 g the lnotirs power, as well as the 74hi414 ln the artlram- If iiu4etion l-a $4 answsred l be any conrlset behrsn S44tienr 2 4xd S oted Statutes ineofar a8 a paareng4r-typ4 "(2) Consldsring the fast that srery rehiole at on4 time or another has been eoU, re-4Old tmded, under what ciroumetanaes would the paynmt of the $5.00 t4r apply if either Queatlons l-a or l-b 4r4 armwere in the negative?
Eonorable D. C. Greer, page e
“(3) <Gould the payment of the ~‘3.00 fee required under Sectlon 2 ebove quoted apply when two vehicles, ir? another state, OGB being both properly registered towed behind the other, are transported through this Ltate and no eal4 ie contemplated?”
Theee questiona are controlled by the following proviso quoted from Seotlon i3, ~tiole f327b. Vernon’s mno- tated Penal Code of Texas:
“Provided, however, none of the provisions of this section shall apply to or exempt the operator, owner or lessee of any motor vehiole being drireti under its own powm, or towed or otherwise transported by bskng at- from or through taohed or ooupled to aone other vehicle this State over the highivsys thereof, for the purrpore of ssla, re-sals or trade ir! after having atate, been sold, resold, or traded to ~lny pereon, oompany, asrooiation in another stat*, but eaoh aorporation, auoh motor vehiole shall be rogiatered for the department through the oounty tax collector of the firat oounty through which a&id motor vohia1.s paaeee arter entering ttls State; or ii moving from this atate to another state, of the county from whiofr aaid motor vehiole first moved, and a registration fee of #a.00 tar eaoh euoh shall be paid said tax colleotor tohlcle unless suoh motor vehicle &s been previously registered rtth the in lawful manner and lloenee fees paid. . . .* department Whether or not a vehicle so operated through or wlthln the State of Texas has been registered in another state for the ourrent reglstrction year is Immaterial. tie therefore answer your question 1 (a) in the affirmative. The above quoted pro- that the fee ia payable whether vialon of the statute provides the vahlole is moving under its own power or is being towed transportad, whioh answera your queetlon 1 (b) in or otherwise For the same reason queetion 1 (0) is answered the arrlrmative. from the statute that the $3.00 In the affirmative, it appearing fee is payable upon aaoh and every vehlole moved from or through this Stats, regclrdless of how it is moved.
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690 Honorabla D. 0. Greet, page 3
No c0diiat appsara betwaen s~otiona 2 and 3 0r Artlole 829b. seotion 3 relater only to the tmaporrry reglrtratlon 0r a non-reeiaent paWeAgOr car; s.r the pa8aerimr oar is 60 operated arr to rall rlthln the quotaa prod80 or Section 2, Section 3 would bar0 no application.
It la unasoesrary to oowldar your QUO8tiOA 8 aiAO0 all three prior quoatlona hare boon uunrad in the arrirmutira.
Your question 3 la again eontrolled by the provialona 6OOtiOA 8, Artid. 889b. Ir A0 sale ie eORt~platOa prod*0 quoted would hare A0 applloatiom, 8inoo It l pdrid4 rtater that It applier only In the oam ot oparatlon over hIghWaya of Texea for the purpors of 8610, mm&la or trade in anothar ateto or ertor bavfng bson #old, rasolA or traded to aAY PbraOAt aompany, oorporatlcm or arlooiation in anothor 8tats.
Ye eAoloae oopisa 0r opiAloAa Ekunber9 O-9, 0464, O-l893 ana O-2063, whloh relate '6imilar question8 arising ruzaor Artiole 02lb.
Youra wry truly ROrAJ&
3iNNCLoSW~
APFROVEDDEC