Untitled Texas Attorney General Opinion ( 1940 )

OFFICE OF THE ATTORNEY GENERAL OF TEXAS
AUSTIN
son. x800waltor
oounty Attorney
T871Or OWt7
~bllono, Texar
Dear Slri
Oplnlan Ho. 0406T
Be; Yay lloen80 plate8
puroharod during p
during rrbruary or
repoecrtlngthe opinion oi nt on the aboto
quartion.
Arti018 6b7Se5,
ute8, read8, In Pa
(8 Annotated Citll Sttt-
The quoted
protl8lon8 Of Arti010 667Sa-la, Iupra,
were originally maoted by the Leglrlaturr in 1989 and
oarriod into an 8mendumnt or the 19eO Aot by the Leglr-
1atUn in 1935. (Acts 1929, 41st Leg., 2nd C. S., p. 172,
ch. 08, Sec. 13; Acts 1933 43rd Leg., p. 547, ch. 178,
Sec. 1)
::I.5
Eon. ~00 Yialtsr, Pnq Ro. 2
Tharrorter, Bouso Bill 518 rte 8naOted,by the
torty-f ourth Legi8latuSO (.&et8 1958, 44th Lee., pa 63,
oh. Zl), end proridwt
“axTI0r‘21. Section 5, of the General Len-8
or the Second Called Session, Of the Forty--third
LOfi8latU0, Che2ter b, 8haU bo anondo to read
heroafter s8 rOiiOU88
"'Sac. 8. Any per8011 who Opsrctcr a pnssen-
ger oar or a oosmsroIalraotor yahlcle or truck-
tractor upon tho public highwey8 of thi8 Stata
any time during an7 nmth of a motor reP.lols rep
istratioo year withoat hnrln dlaplaged thereon,
and attsched thereto, two (2 7 license number
plete8, one plate at the front End one at the
roar, which hooo been duly snd laufully assigned
for eald rehlclb Sor the carant registration
your, shall be guilty Of a laiedmeanor; thI8 shall
not apply to dbalsrr optmtlng YehiC108 under
present provisIon of the law, and provided, how-
eYer, 11cense number pltte8 aaJ be purchctvad
during tho nonths or Fobrusry and bl;lurch for re-
regItatrotlsn end when purchnxd nay te used frost
and after Urirch the first prccodlng the reglstra-
tion Jeer for w.k,ich they are lsoued upon the motor
rehIcle for which thry are lssutd.*
a5ec. 8. The rect that people a r elotltled
tO.th8 IN38 Of liCen&e nUZter pl!ite8 when purchca-
ad, Oraste8 an wiergoncy and an IGperetiye public
necessity thc,t the constitutionel rule re-,drlng
bil18’tO be read on three rereral Crtyo in oaah
House, be asuspend& in order that thi8 Act shell
take effect snd be In Sull force end effect from
and tUter.it8 pos8age, and 8316 rA0 is hereby
suspsnded, en4 it be 80 enccted.a
It 18 noted thtt thle last enectmmt by the Leg-
islature dboa not exgresslp~repssl ~rticla i675a-13 In
its above quoted.prOyIsioz8, tut am8nds a Clfferent stat
uto. %nnIfsstly, however the two btetutc8, In the ‘par-.
tlcdam adbr &asldsretlon herein, are in arl meteria,
and tholr provision8 in such respect eaan'jf E-e recon-
0118d.
In such clreumstonce8, Vhs older statute will
Bon. Es00 salter, PO&3 No, 3
be held to be repealed by ImplIcatIon to the extent of
the conilfot + + + ft 18 pra8umCd that the Legi8lntUm
intended to repeal all laws and pert8 of law8 018~4
fnCOn8f8tOnt with It8 later het8r l + l ”
S9 Ter. fur., pe US, I 971
Tonn8end ye Terrsll, 118 Ter. 463, 16 S. W. (2d)
l%& Sank f* Leo county cotton 011 CO,)
274 8. Pi. 129.
Clearly, however, as you have conoluded in your
letter, such later snaotaent by the Le,$slature may not
be 8xtendsd beyond ii.8 plain term8 permitting lloense
plate8 for motor vehicles to be used only after Enroh
lst, notwithstanding they may be Purchesed durin.5 the
month or February.
Accordingly, you are advised that it is the
opinion of thfe deportlcent that license pletes for sotor
vehfoloe, purohaaed during February, may not, under the
statutes of Texae be used until ana after Narch 1st pre-
ceding the reglatretion ye&r for which the 1Icense pletes
are issued.
*ii8 point out for your InfOr~atlon that the 1939
pocket part to Volume 2 of Vernon’s Annotated Penal Code
erroneou8ly~descrlbe8 8. B. 515, scpra, (Acts 1935, 44th
Leg.; pa 63, oh. 21), oarrIed a8 Art907b of the Penal
Code, as hetine been repealed by Acts 1939, 45th Leg.,
H. B. 230, 8 1. This error was acknowledged by ‘J;est
PublIshInS Cojlpany In a recent letter to this dopertment,
a portion or whioh v18 quota:
*The Vernon Lnw Book Company has passed to
ms your reoent letter oclling attention to en
error in the 1939 pooket part to Volume 2 of
Vernon18 Annotated Penal Cods. We greatly ap-
preolate your t&nely advice which enables us to
make a correotlon in the matter of II. B. 230 of
the 46th Legislature. The error rosalted fron
our inadvertence mrklng Chapter 21 of the hW8
as repealed.n
TrirstIng that w8 have sntisfeotorily ensxered
Bon. Es00 Vialter, ?spe No. 4
your Inquiry, we remain
Yours very truly
zcs rob
By%15?i%?ta
Ila-::ll4tant