THE ATTORNEY GENERAL OF TEXAS
Ken Paxton

Cumulative Subject Index
AG Opinions 1990-Present

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MOTOR VEHICLES
Abandoned vehicles seized by a county sheriff, statute governing disposition of GA-0542
Address, statutory requirement that certain trucks bear markings identifying apply to more than tow trucksLO98-127
All terrain vehicle or recreational off highway vehicle, county authority to establish its own system for registering of and for operation on a public beachGA-0934
All-terrain vehicles, county commissioners court may extend traffic rules applicable to county roads to roads in private subdivisions and may subsequently amend order to except restrictions otherwise applicable toGA-0080
Authority of justice and municipal court to award title or ownership of motor vehiclesGA-0761
Automobile club not authorized to reimburse members for expenses incurred in obtaining automobile-related servicesDM-0445
Certificate of title, tax assessor-collector may refuse to issue to applicant who refuses to disclose social security number without violating Federal Privacy ActLO96-093
Constable’s ownership of wrecker service is not prohibited by chapter 171 of the Local Government Code GA-0510
County-owned vehicles, county may not print advertisement for privately owned business onGA-0158
Dirt bike under chapter 662 of the Transportation Code, an off-road "dirt bike" is a self-propelled "motor vehicle" but cannot be classified as a motorcycleJC-0416
Emissions inspection station or inspector, quality assurance officer who temporarily suspends license of without a hearing does not violate due process rightsDM-0414
Evidence of financial responsibility, the owner of a vehicle may provide for an additional driver only if the other person is employed by the owner or is a member of the owner's immediate family or household pursuant to Transportation Code section 601.054(a)GA-1068
Farm vehicle, owner of a vehicle used to transport birds, rats, mice, hamsters and similar animals for sale to pet shops may not register it as aGA-0801
Financial responsibility under Transportation Code section 601.123, an additional deposit of at least $55,000 with the county judge is required to establish, for a second vehicle if financial responsibility for that vehicle has not otherwise been established through an authorized methodGA-1068
Forfeited automobiles, district attorney's authority to contract for sale by sheriff's auctionLO97-091
Funds deposited with the county judge under Transportation Code section 601.123, interest earned on belongs to the person making the depositGA-1068
Funds received pursuant to Transportation Code section 601.123, in the absence of any other statutory or regulatory guidance, a court could conclude that a county judge may deposit into a separate account in the county depository and use his or her discretion to decide whether that account should be an interest-bearing accountGA-1068
Gasoline service station's authority to verify that driver is disabled before providing full-service at self-service priceDM-0365
Golf carts are motor vehicles under section 101.051 of Civil Practice and Remedies CodeGA-0490
Impounded Vehicle Release - A court would have a basis to conclude that a municipality may not condition release of a vehicle impounded for lack of evidence of financial responsibility upon presentment of such evidence to a vehicle storage facility.KP-034
Impoundment of out-of-state motor vehicles involved in accidents, constitutionalityDM-0261
Impoundment of vehicle - A home-rule municipality, and likely a general-law municipality, may adopt an ordinance regarding the impoundment of vehicles for the offense of lack of financial responsibility provided that such an ordinance is not in conflict with any statute and conforms to any constitutional constraints.KP-034
Impoundment of vehicle - All peace officers of the state may, to protect the public safety and under reasonable circumstances, impound a vehicle when the driver fails to provide evidence of financial responsibility.KP-034
Junked vehicle visible from public place or right-of-way, county may abate and remove, but may not require a particular type of screening to render vehicle non-visibleGA-0034
Licensed vehicle storage facility, a towing company may not assess a nonconsenting owner or interest holder a towing fee without taking the vehicle to aGA-0215
Low-income vehicle repair assistance, retrofit, and accelerated vehicle retirement program, county's payment to participating dealers under program and reimbursement to county for such payment from Texas Commission on Environmental QualityGA-0624
Mechanic's lien, an auto repair shop may not assert on a vehicle on which it has performed no repairsGA-0644
Mexican commercial truck operators, in absence of reciprocal agreement between Mexico and Texas or the United States, must obtain Texas license or license of another state that is entitled to recognition in TexasJM-1226
Motor vehicle accident reports, actual cost of copiesGA-0052
Motor vehicle registration fees must be credited to the county road and bridge fund and used as provided by section 502.108 of the Transportation CodeJC-0250
Motorcyclist without helmet, peace officer may stop if motorcyclist is not displaying sticker issued pursuant to section 661.003(d) of Transportation CodeJC-0258
Multi-way stop signs at intersections, whether local authorities may, consistent with state statutes and Texas Manual on Uniform Traffic Control Devices for Streets and Highways, place atJM-1182
Nonconsent tow hearings conducted pursuant to chapter 685, Transportation Code, are not criminal mattersGA-0316
Operation of golf cart in master planned community, public or private beach, or public highwayGA-0966
Oversize or overweight vehicle, if applicant satisfies statutory requirements Department of Transportation must issue permit to applicant to operateJC-0517
Overweight trucks, commissioners court may not impose additional regulations with regard to weight on those granted overweight permit by Department of TransportationGA-0088
Overweight trucks, commissioners court may not impose additional regulations with regard to weight on those granted overweight permit by Department of TransportationGA-0509
Overweight vehicles, Department of Transportation may issue permits forDM-0028
Parking fee, state university may charge to students, faculty, and staff, even if disabledDM-0345
Parking space for the disabled, parking a vehicle so as to obstruct van access aisle is an offenseJC-0077
Parking spaces for vehicles used by disabled persons, law assigning half of such spaces for the exclusive use of vehicles used by persons with permanent mobility disabilities and remaining spaces to vehicles used by persons with any disability does not reJC-0251
Privileged parking provisions of Transportation Code chapter 681 - A court would likely conclude that a political subdivision is not authorized to contract with a private business to enforce the privileged parking provisions of chapter 681.KP-033
Protest words added to traffic ticket have no effect on ticketed party's obligation to appear in courtJC-0317
Public beach, legality of operation of an all terrain vehicle or recreational off highway vehicle All terrain vehicle or recreational off highway vehicle, county authority to establish its own system for registering of, for operation on a public beachGA-0934
Recreational vehicle parks as property subject to criminal trespass statuteGA-0606
Registration fees constitutionally may not be used to fund trauma facilitiesGA-0023
Removal of a vehicle, a peace officer may order a nonconsent tow of certain vehicles to a nearby place of safetyGA-0215
Salvage motor vehicle seizure provision, application to persons other than salvage vehicle dealersLO97-114
Salvage motor vehicles, Department of Public Safety lacks authority to inspect vehicles with Texas Salvage Certificates before they are issued regular certificates of title by the Department of TransportationGA-0022
Surplus motor vehicle registration fees, a county that does not impose a road and bridge tax under article VIII, section 9(c) of the Texas Constitution may transfer surplus fees to any other county fund to use as authorized by article VIII, section 7-a ofJC-0250
Tow truck, person may not operate unregistered for compensationJM-1168
Towing company may not provide free services to a parking facility in exchange for a towing contractJC-0554
Towing company, whether cost of installation of statutorily-required sign must be borne by owner of parking facility or towing companyDM-0330
Transportation Code section 681.0101 - A court would likely conclude that section 681.0101 does not authorize a political subdivision to appoint a private business to enforce the privileged parking provisions of chapter 681 because a private business is not a "person" under section 681.0101KP-033
Uniformed motorcycle escort services that perform traffic control and traffic safety functions, Texas Commission on Private Security regulation of is not authorized by statuteGA-0008
Vehicle identification numbers not excepted from disclosure by Government Code section 552.130GA-0673
Vehicle storage facility operator may release a stored vehicle to an individual who is not a member of the registered vehicle owner's immediate family if the individual presents a completed Affidavit of Right of Possession and Control and otherwise complies with title 43, section 18.92(a)(3) of the Texas Administrative CodeGA-0493
Workers' compensation, motor carriers hauling materials to and onto Texas Department of Transportation construction sites must carryDM-0241
Insurance, State Board of
Forged proof of automobile liability insurance, whether person who produces in court may be prosecuted as third-degree felon under section 37.09(a) of the Penal CodeLO93-075
Safety Requirements
Diesel turbine engine, motor vehicle with, must be equipped with a mufflerGA-0873
Emergency lights in tow trucks performing nonconsensual tows, Harris County may prohibit a tow truck from having a red or blue lens inJC-0481
Lighting equipment on tow trucks performing nonconsensual tows, Harris County may, by rule or ordinance, prohibit a tow truck from having auxiliary stop and tail lamps in or under factory-mounted light barJC-0481
Ready-mixed concrete trucks, applicability of the weight limits set pursuant to chapters 621 and 622 of Transportation CodeJC-0343
School bus safety standards, school district may not transport students in vehicles that do not comply with (Withdrawn by Letter 9/08/95)DM-0362
School districts, passenger cars and motor buses as transportation to and from school and extracurricular activities, standards forDM-0378
Taxes
Contract with another taxing unit or appraisal district to collect motor vehicle inventory tax, county tax assessor-collector may approveLO98-085
Interlocal contract for collection of property taxes by appraisal district or other taxing unit rather than assessor-collector must include collection of motor vehicle inventory taxJC-0273
Inventory tax escrow accounts, interest on is sole property of tax assessor-collector; must be audited by county auditorJC-0135
Motor vehicle inventory tax escrow account, tax assessor-collector may use interest to supplement her own salary, but such use is subject to constitutional limitations and to review by county auditorJC-0348
Motor vehicle inventory tax prepayments, receipt of by collector constitutes collection of taxesJC-0273
Reimbursement charge for ad valorem taxes paid on car rental fleet, collection by car rental companiesLO97-013
Sales tax exemption for motor vehicle purchased by licensed child care facility, scope ofLO90-075
State motor vehicle registration fees, Governor may not increase or appropriate but, in case of emergency, may redirect funds already appropriated by the legislature for purposes consistent with article VIII, section 7-a of the Texas ConstitutionJC-0501