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Office of the Attorney General
State of Texas


October 4, 1989

Honorable Jimmie McCullough
County & District Attorney
82nd Judicial District
County Courthouse, Rm 302
P.O. Box 409
Franklin, Texas 77856

Letter Opinion No. 89-076

Dear Mr. McCullough:

You ask the following question:

May an elected Constable obtain exempt license plates for a personally owned vehicle used solely for governmental duties?

Article 6675a-2, V.T.C.S., provides that every owner of a motor vehicle must apply each year to the State Department of Highways and Public Transportation through the County Tax Collector for registration of the vehicle. Article 6675a-3 provides in part:

(c) Owners of motor vehicles, trailers and semi-trailers which are the property of and used exclusively in the service of the United States Government, the State of Texas, or any county, city or school district thereof, shall apply annually to the Department as provided in Section 3-aa of this Act to register all such vehicles, but shall not be required to pay the registration fees herein prescribed, provided that affidavit is made at the time of registration by a person who has the proper authority that such vehicles are the property of and used exclusively in the service of the United States Government, the State of Texas, or a county, city or school district thereof, as the case may be.

V.T.C.S. art. 6675a-3(c) (emphasis added). Article 6675a-3aa provides that specially designated license plates may be issued for vehicles exempt from the registration fee.

Article 6675a-3 makes clear that the exemption from registration fees applies to vehicles that are owned by a governmental entity. Therefore, the exemption would not apply to a vehicle owned by a constable, even if the vehicle were used solely for governmental purposes. See generally Attorney General Opinion JM-787 (1987).

      Very truly yours,

      Sarah Woelk
      Chief
      Letter Opinion Section


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