Untitled Texas Attorney General Opinion ( 1980 )

The Attorney General of Texas
January 11, 1980
MARK WHITE
Attorney General
Honorable Dale Summa Opinion No. ``-12 7
Sherman County Attorney
Sherman County Courthouse Re: Whether an automobile must
Stratford, Texas 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 a motor vehicle registration in Texas.
Article 668’7-1, section 30, V.T.C.S., which was amended by the last
session of the 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).
No designated agent shall accept any application for
registration and a certificate of title until the
provisions of this 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 by section 142A, article 6701d,
V.T.C.S., amended at the same time as was section 30 above.
Sec. 142A. (a) Before a vehicle may be registered
and titled under Subsection (a), Section 30,
Certificate of Title Act, as amended (Article 6687-1,
Vernon’s Texas Civil Statutes), the owner must have
the vehicle inspected as required under Section 140 of
this Act and must have the state-appointed inspection
station record the permanent identification number
of the vehicle on the certificate of inspection.
P. 402
. .
Honorable Dale Summa - Page Two (MI+127)
The above section requires that out-of-state vehicles be inspected pursuant to section 140,
article 6701d before a registration and title may be issued; however, section 140(c), article
6701d provides in pertinent 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 a license plate for any motor vehicle. . . .
Section 140(c) conflicts with sections 30 and 142A which 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, no writ); Attorney General Opinion H-834 (1976).
However, you also ask whether an inspection certificate from another state iS
sufficient to obtain a Texas registration and title. Section 140(d), article 6701d provides:
(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 was required
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 142A does
require that the permanent identification number of the vehicle be recorded on the
certificate before the vehicle may be registered and titled in Texas.
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 be recognized for this purpose.
l-trH
MARK WHITE
Attorney General of Texas
P. 403
. -
Honorable Dale Summa - Page Three (MW-127)
JOHN W. FAINTER, JR.
First Assistant Attorney General
TED L. HARTLEY
Executive Assistant Attorney General
Prepared by David B. Brooks
Assistant Attorney General
APPROVED:
OPINION COMMITTEE
C. Robert Heath, Chairman
David B. Brooks
Bob Gammage
Susan Garrison
Rick Gilpin
Sue Lowe
P. 404