Texas Attorney General Opinion: O-4547 Page: 6 of 7
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Honorable Homer Garrison; Jr., page 6 0-4547
sedes Article 1434 and that it, therefore, would not be il-
legal for a second-hand car dealer to sell a used car that he
had been demonstrating on a dealers license toa person with-
out delivering to such person a license receipt for the cur-
In answer to your second inquiry you will observe
that Article 6686(b) which permits a purchaser to use a tem-
porary cardboard number issued by a dealer under his dealer's
license supersedes the provisions of Article 1434, P. C., re-
quiring a person to register a vehicle before selling same and
permits such purchaser to use the dealer's number for e period
of time not to exceed ten (10) days. The use of dealer's met-
al or cardboard license numbers is specifically provided for
in Section 27 of the Certificate of Title Act and must be con-
tinued throughout the remaining provisions in order to harmon-
ize the statutes mentioned. We believe that the purchaser
could use the temporary cardboard 'dealer's number plate for a
period not to exceed ten (10) days after purchase of the car
in question.. 'The use of such numbers for a longer period of
time would be in violation of the penal provisions of Article
6686, Section (f) above.
Your further attention is directed to the' fact that
Section 31 of Article 1436-I provides for the use of a receipt
for an application for certificate of title pending the is-
suance of the certificate itself, for a period of not to ex-
ceed ten (10) days. This period provides for the use of the
receipt instead of the actual certificate. As the regular
license plates 'are issued with this receipt no longer time
other than the ten (10) days provided for the use of dealer's
temporary cardboard numbers is granted by this provision for
the use of such dealer's number.
In answer to your inquiry as to the criminal liability
of a used car dealer under the above fact situations you are
advised that we do not believe that such dealer would be
guilty of any criminal offense under the facts presented.
You raise the further inquiry as to whether any por-
tions of Article 1434 are still valid. In that connection,
you are advised that under the fact situations provided by
your question only no provisions of Article 1434 would con-
trol. Your attention is directed to the fact, however, that
Article 1434, P. C., in requiring registration of ordinary
vehicles byprivate individuals is continued in the language
of Section 52 of Article 1436-1, P. C., (Certificate of Title
Act) and could be applied in cases of sales of vehicles by
the owners thereof, under the definition of the word "owners"
set out in the section 4 of the latter Act.
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Texas. Attorney-General's Office. Texas Attorney General Opinion: O-4547, text, 1942; (https://texashistory.unt.edu/ark:/67531/metapth261796/m1/6/: accessed April 22, 2019), University of North Texas Libraries, The Portal to Texas History, https://texashistory.unt.edu; crediting UNT Libraries Government Documents Department.