Texas Attorney General Opinion: O-4547 Page: 2 of 7
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Honorable Homer Garrison, Jr., page 2 0-4547
"(3) What, if anything, could the used car
dealer be charged with under each of the fore-
going fact situations?
"The questions arising in connection with
Article 1434 and Article 1436-1 are based upon
whether or not any protion of Article 1434 is
still valid. Please advise us which portions
of this Article are still valid since the enact-
ment of Article 1436-1."
Article 1434, Penal Code of Texas, provides as fol-
"No person, acting for himself or another,
shall sell, trade, or otherwise transfer any
used or second-hand vehicle required to be
registered under the laws of this State unless
and until said vehicle at the time of delivery
has been duly registered in this State for the
current year under the provisions of said laws;
provided, however, that a dealer may demon-
strate such motor vehicle for the purpose of
sale, trade or transfer under a dealer's li-
cense plate issued for demonstration purposes.
Whoever, acting for himself or another, sells,
trades or otherwise transfers any such vehicle
shall deliver to the transferee at the time of
delivery of the vehicle the license receipt
issued by a Tax 'Collector of this State fo'
the registration thereof for the current jear
and a bill, of sale in triplicate. . . .
Article 6686, Vernon's Annotated Civil Statutes, pro-
vides as follows:
"(a) Any manufacturer of or dealer in motor
vehicles in this State, may, instead of regis-
tering each vehicle he may wish to show or demon-
strate on the public highways, apply for reg-
istration and secure a general distinguishing
number which may be.attached to any motor
vehicle or motorcycle which he sends temporarily
upon the road. . . . A dealer within the mean-
ing of this Article means any person, firm or
corporation engaged in the business of selling
automobiles who runs them upon the public h.gh-
ways or streets for demonstration for the pur-
pose of sale; and this Act shall not be con-
strued as permitting the use ,of' a dealer's 1L-
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Texas. Attorney-General's Office. Texas Attorney General Opinion: O-4547, text, 1942; (https://texashistory.unt.edu/ark:/67531/metapth261796/m1/2/: accessed April 19, 2019), University of North Texas Libraries, The Portal to Texas History, https://texashistory.unt.edu; crediting UNT Libraries Government Documents Department.