Untitled Texas Attorney General Opinion

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NEW GENERAL
33 EXAS
Honorable Grover Swift Opinion No. C-707
County Attorney
Winkier County Re: Whether Article 1436-2,
P. 0. BOX 1015 V.P.C., authorizes the
Kermit, Texas prosecution of a person,
who is customarily en-
gaged in the business
of obtaining motor vehi-
cles for scrap disposal,
for failure upon demand
by the State Highway De-
partment to surrender to
such Department certifi-
cates of title to such
Dear Sir: motor vehicles.
In your opinion request you state:
"A supervisor of investigation for the
Motor Vehicle Division has asked me to file
charges against an individual for failure to
turn over to the Department certificates of
title which have been demanded by the Motor
Vehicle Division on certain vehicles now on
said individual's property.
"This individual does not have the certi-
ficates of title to these vehicles which were
sold to him as junk. There is apparently no
problem concerning said individual's turning
over to the Motor Vehicl.eDivision the license
plates which were on these vehicles.
"I have questioned the authority to file
charges in connection with his failure to
turn over the certificates of title which
have been demanded but which said individ-
ual does not have in his possession for the
following reasons, and I would like your
opinion as to my position:
"(1) Article 1436-1, Section 37, requires
'That the owner last named in the certificate
of title shall surrender such certificate to
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. .
Honorable Grover Swift, page 2 (C-707)
the State Highway Department for cancella-
tion when the motor vehicle to which such
certificate of title has been issued is
. . . junk, dismantled or destroyed or its
motor number changed.'
"(2) Article 1436-2 provides in part
'That all certificates of title covering
such motor vehicles obtained for scrap
disposal, resale of 'partsor any other form
of salvage, shall upon demand, be surren-
dered to the State Highway Department for
cancellation.'
"From reading these two statutes I find
no requirement that the purchaser of the
vehicles sold for scrap disposal, etc.,
as set out in 1.436-p be or is required
to obtain from the seller a certificate
of title for the automobile so purchased.
On the contrary, Article 1436-1, Section
37, places the burden or requirement on
the seller or person last named in the
certificate to surrender such certificate
to the State Highway Department and pro-
vides a penalty for his failure to do so
when such automobile is junk, dismantled
or destroyed. Article 1436-l does not
refer to the sale of such automobile."
Article 1436-2, Vernon's Penal Code, was passed
as House Bill 805, Acts 57th Legislature, Regular Ses-
sion, 1961, chapter 506, page 1118. The caption to said
act provi~des:
"An Act to require any person, asso-
ciation of persons, corporate or other,
who customarily engage in the business
cf obtaining motor vehicles for purposes
of scran. resale of Darts therefrom or
salvage;362 S.W.2d 331, (1962), which on
rehearing held:
"(6) We do not agree that Art. 1436-1,
Sec. 37, which requires that the owner last
named in the certificate o? title shall sur-
render such certificate to the State High-
way Department for cancellation when the
motor vehicle to which such certificate of
title has been issued I* * * junked, dis-
mantled, destroyed, or its motor number
changed + * scJ1provides a punishment for
the same act for which a different punish-
ment is provided in Art. 1436-2. The la-
ter statute provides that ail certificates
of title covering motor vehicles obtained
for scrap disposal, resale of parts or any
other form ofsaivage shall u on demand
be surrendered to the State M&-t-
ment for cancellation. The former-requires
the surrender by the owner last named therein
of the certificate of title when the vehi-
cle is junked, etc., whether obtained for
such purpose or not, no demand for such
surrender being required.
"(7) If, however, the statutes do pro-
vide a different punishment for the same
act, this would not render Art. 1436-2,
the later of the two statutes, invalid."
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, -
Honorable Grover Swift, page 5 (C-707)
It is the opinion of this office that a person,
association of persons, corporate or other, who custom-
arily engage in the business of obtaining'motor vehicles
for scrap disposal, resale of parts therefrom, or any
other form of salvage must, upon demand, surrender to
the State Highway Department both the license plates
and the certificate of title covering a motor vehicle
obtained for such purpose. This is true whether the
salvage dealer purchases the motor vehicle or, as in
your hypothetical situation, the motor vehicle is given
to the salvage dealer.
SUMMARY
Under the provisions of Article 1436-2,
Vernon's Penal Code, a salvage dealer must,
upon demand, surrender to the State High-
way Department the license plates and cer-
tificate of title of a motor vehicle obtained
for scrap disposal, resale of parts, or any
other form of salvage.
Very truly yours,
WAGGONER CARR
Attorney General
By:
REO/er Assistant Attorney General
APPROVED:
OPINION COMMITTEE
W. V. Geppert, Chairman
Lonny F. Zwiener
Sam Kelley
John Banks
W. 0. Shultz
APPROVED FOR THE ATTORNEY GENERAL
By: T. B. Wright
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