No. V-0017.

• Case Date: January 06, 1947
• Court: Texas

Texas Attorney General Opinions 1947. No. V-0017. 1Honorable Homer Garrison, Jr.Director, Department of Public SafetyCamp MabryAustin, TexasOpinion No. V-17Re: Necessity for a nonresident motor transportation company to purchase Texas Registration Plates for vehicles operated in intrastate and interstate commerce in Texas.Dear Sir:Your request for opinion, dated January 6, 1947, presents the following questions:

"1. Would a trucking company, duly incorporated in another State and maintaining its principal office in such foreign State, but maintaining offices, warehouses, pick-up and delivery trucks and services in Texas, be considered a non-resident of this State, to the extent that they could not be required to purchase Texas registration plates for trucks engaged in interstate and intrastate traffic within Texas?" (Emphasis ours)

"2. Article 6675a--16, Revised Civil Statutes of Texas, provides for agreement with other States regarding exemptions from registration fees. Would a trucking company incorporated in a foreign State but operating in Texas, as described above, be entitled to receive the privilege of not having to register their vehicles in Texas because of an existing reciprocal agreement between the State in which the

2

Company is incorporated and the State of Texas?"

Additional information verbally received from you subsequent to the date of the written request is to the effect that the motor transportation companies involved are incorporated under the laws of the State of Louisiana and have their principal offices in Louisiana, but actually maintain offices, warehouses, pick-up and delivery trucks, and services in Texas. Based on this information, our opinion will relate only to motor transportation companies incorporated under the laws of the State of Louisiana, and operating as described by you in the State of Texas. The general rule is that the owner and operator of a motor vehicle is required to apply for the registration thereof each year. 5 Tex. Jur. ¢ 6, p. 577. This general rule applies to both residents and non-residents of this State, because the police power of the State to regulate the use of motor vehicles on its highways extends to nonresidents as well as residents, and a State may prohibit the use of its highways by a foreign vehicle unless and until it is properly licensed in accordance with its laws. See Annotation - Foreign Owned...