Hon. Homer Gerrlson Jr., Director Texas.-Dept.: of Public Safety ,~ Camp Mabry Austin, Texas Opinion No. V-1364 Re: Appointment of State agen- cies, political subdlvi- sions of the State, or mu- niclpelitles to operate motor vehicle inspection stetions which vi11 Inspect only theFr ovn motor vehi- Dear Sir: cles. I You have requested an opinion on the following questions: "Meg state agencies and/or political subdivisions, and/or municipal governments be authorized and appointed to operate offl- clal State appointed motor vehicle inspec- tion stations and limited to operate such official inspection stations solely for the purpose of inspecting motor vehicles belohg- ing to their respective agencies? "If such official motor vehicle"'ata-~ Mona can be authorized can they pay this depertment the requirad fees, post the re- quired bond and in every respect comply with 811 the prOVi8iOnS thet privately-owned ste- tlons are required to observe?" ,. House Dill 223, Acts 52nd Leg., R.S. 1951, ch. 141, p. 240, amendsSecti'ons140, 141, 8nd 142 of Art,lcle 67ola, v.c;s., .kaovn aa the “Uniform Act RegUl8ting Traf- fic on Highways". Sectlon'l40, 8s amended, provides for the inspection of aotor vehicles, trailers, semitrailers, pole trellers, end house treilers. It states thet the inspections mey be 8ccomplished by two alternative agen- CiCQ--"at state appointed in8p8CtiOn 8t8tiOnS or by stete Inspectors". Att'y Gen. Op. V-1334 (1951). Hon. Homer Garrison, Jr., page 2 (V-1364) It is 8n esteblished rule that "public officers 8nd governmental 8nd administrative boards possess only such powers 8s are expressly conferred upon them bV lax or ere neceaserilg implied from the powers so con&red." Anderson v. Houchins, 99 SiWi;; l;:g,(;g& (Teg+C;;;r ;f;. _ 9361 . BPY * Sundberg of A~icleabn72jldregula& the ippointment if inspection stations 8nd prescribes the conditions upon which-the ap- pointment= may be made. If the Texas Department of Public Safety has the power to appoint State agencies or politl- cal subdivisions as authorized "State eppointed inspection stations", such power must be derived from the express . langua e of Section 141 or by necessary implication. Sec- tion 1f 1 provides in part: "(a) The Department may establish State appointed Inspection stations to carryout the provisions of this Section. Such sta- tions may be located anywhere in the State, and should any be established or appointed, there ah811 be at least one (1) for e8Ch coun- ty. The Department is authorized to furnish Instructions to, and to supervise official in- spectlon stations for corrections, adjust- ments, repairs, and inspection of motor vehi- cles, trailers, semitrailers, pole trailers end house trailers for the proper and safe performance of steering mechanism, brakes, lighting equipment, horns and warning devices, mirrors, windshield wipers, and such other conditions to 8ssure that such vehicles are in conformity with this Act. desiring to operate as an off?mion stetlon shall file an eppltcation for a cer- lficete of appointment with the nepartment. cant hes or intends to h8Ve more than oneplece of business within the State, 8 separate ap- plicetion shall be made for each place of busi- ness. Hon. Homer G8rriSOn, Jr., pege 3 (v-1364 ) "If the 8ppliC8nt iS an 8SSOciatiOn, the application shall set forth the names and ad- dresses of the persons constituting the 8s80- ciation, and if 8 COrpOratiOn, the names 8nd addresses of the principal officers thereof, 8nd any other information prescribed by the Department for purposes of identification. The applicetion ah811 be signed and verified by oath or affirmation by the owner, if a neturel person; in the c8se of an association, bv 8 member or partner thereof; and in the case of a corporation, by an executive offi- cer thereof or some person specifically - thorized by the corporation to sign the z;- plication, to which shall be attached vritten evidence of his authority. "Only such locstions which fulfill the Deoarkient'a requirements and whose owners or proprietors comply with Department regula- tions shall qualify and be appointed and is- sued a certificate. Upon approval of an ap- plication, the Department shall issue to the owner a certificate of appointment as an of- ficial inspection station for the place of business within the State set forth inthe ap- pllcstlon." An examination of the above quoted provisions reveals that "State appointed Inspection stations" are ,llmitedto persons, associations, and corporations. There is no language to indicate that the Legislature contem- plated that State agencies or anx political subdivision be Included in the terms "person "8saociatLon" "corpor8t~on". You are therefore'advised that the'gexas Department of Public Safety is not authorized to appoint 8ny state agency or political subdivision a "State inspec- tion St8tiOn". The Texas Stste Department of Public Sefetg Is not authorized to appoint any Stste agency or polltlc8l subdivision a "State inspection station" for the inspec- HO& Homer Garrison, Jr., page 4 (v-13641 tion of motor vehicles and trailers requir- ed by H.B. 223, Acts 52na Leg., Rs. 1951, ch. 141, p. 240. APPROVED: Yours very truly, J. C. DAVIS, Jr. PRICE DANIEL County Affairs Division Attorney Generel Everett Hutchinson Executive ASSiSt8nt Cherles D. Methews John Reeves First Assistant Assistant JRtvh