Texas Attorney General Opinion: MW-442 Page: 1 of 4
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The Attorney General of Texas
February 9, 1982MARK WHITE
Attorney General
Supreme Court Building
P. O. Box 12548
Austin, TX. 78711
512/475-2501
Telex 9101874-1367
Telecopier 512/475-0266
1607 Main St., Suite 1400
Dallas, TX. 75201
214/742-8944
4824 Alberta Ave., Suite 160
El Paso, TX. 79905
915/533-3484
1220 Dallas Ave., Suite 202
Houston, TX. 77002
7131650-0666
806 Broadway, Suite 312
Lubbock, TX. 79401
806/747-5238
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McAllen, TX. 78501
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200 Main Plaza, Suite 400
San Antonio, TX. 78205
512/225-4191
An Equal Opportunity/
Affirmative Action EmployerHonorable Bob Simpson, Chairman
Committee on Insurance
House of Representatives
Room 125, Reagan Building
Austin, Texas 78711Opinion No. MW-442
Re: Disposition of
collected under
provisions of the
Responsibility Lawfees
the
SafetyDear Representative Simpson:
The Sixty-seventh Legislature amended the Safety Responsibility
Law, article 6701h, V.T.C.S., by passing House Bill No. 197, an act
(according to its title) "relating to compulsory liability insurance
for certain vehicles; providing penalties." Acts 1981, 67th Leg., ch.
800 at 3053. The bill added new sections to the law, the first three
of which -- with certain exceptions -- prohibit the operation of
non-insured vehicles in this state, require owners and operators of
vehicles to furnish information concerning evidence of financial
responsibility on demand, and impose "a fine" of not less than
seventy-five dollars ($75) for failure to maintain financial
responsibility as defined. Subsequent offenses are punishable by "a
fine" of not less than two hundred dollars ($200).
You are concerned about newly added section IG which provides:
Sec. IG. Fees collected under the provisions
of this Act shall be deposited in the Operator's
and Chauffeur's License Fund and are hereby
appropriated to the Department of Public Safety
for the purpose of defraying the expenses
necessary for administration of the Act, including
but not limited to the employment of necessary
clerical, administrative, and enforcement
personnel and for defraying the necessary expenses
incident to travel, equipment rental, postage,
printing of necessary forms, and purchase of all
necessary furniture, fixtures, and equipment.
(Emphasis added).
As you note, this provision refers to "fees collected" whereas the
punishment sections of the new enactment refer to "fines." You ask
whether the fines collected pursuant to the added provisions must bep. 1523
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Texas. Attorney-General's Office. Texas Attorney General Opinion: MW-442, text, February 9, 1982; (https://texashistory.unt.edu/ark:/67531/metapth272287/m1/1/: accessed July 16, 2024), University of North Texas Libraries, The Portal to Texas History, https://texashistory.unt.edu.; crediting UNT Libraries Government Documents Department.