Texas Attorney General Opinion: LO97-114 Page: 1 of 4
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Office of the attorney Qeneral
6tate of Qexas
DAN MORALES
ATTORNEY GENERAL December 18, 1997
The Honorable Steve Holzheauser Letter Opinion No. 97-114
Chair, Committee on Energy Resources
Texas House of Representatives Re: Whether V.T.C.S. article 6687-2(k)
P.O. Box 2910 authorizes the Texas Department of Public Safety
Austin, Texas 78768-2910 to seize motor vehicles from persons other than
salvage vehicle dealers (ID# 39244)
Dear Representative Holzheauser:
You ask whether V.T.C.S. article 6687-2(k) authorizes the Texas Department of Public
Safety to seize motor vehicles from persons other than salvage vehicle dealers. You state that
subsection (k) "is used by the Department of Public Safety in their motor vehicle theft division to
confiscate any motor vehicle in violation [of] this subsection." You have also received advice,
however, that subsection (k) "only grants authority to seize, hold, and dispose of motor vehicles from
salvage dealers." Given that the purpose of article 6687-2 is to regulate the salvage vehicle dealer
industry and the legislative history of subsection (k) indicates that its purpose was to authorize peace
officers to conduct warrantless searches and seizures of salvage vehicle dealers' property rather than
to provide general authority to seize motor vehicles, we agree that subsection (k) authorizes the
seizure of vehicles only from salvage vehicle dealers.
First, it is clear from article 6687-2 on its face that its purpose is to regulate the salvage
vehicle dealer industry. Article 6687-2 sets forth numerous requirements applicable only to salvage
vehicle dealers.' It requires a salvage vehicle dealer with an endorsement as a used vehicle parts
dealer to obtain certain documentation before receiving a motor vehicle. The statute also requires
each salvage vehicle dealer to keep an inventory of each used component part purchased by or
delivered to the dealer on a form prescribed by the Department of Transportation3 and to allow
'Article 6687-2(aX1) defines the term "salvage vehicle dealer" by reference to article 6687-1a, which defines
the term as follows: "'Salvage vehicle dealer' means a person who is engaged in this state in the business of acquiring,
selling, or otherwise dealing in salvage vehicles or vehicle parts of a type required to be covered by a salvage vehicle
certificate of title or nonrepairable vehicle certificate of title under a license issued by the department that allows the
holder of the license to acquire, sell, dismantle, repair, or otherwise deal in salvage vehicles." V.T.C.S. art. 6687-la,
$ 1.01(17).
2Id. art. 6687-2(b).'Id. art. 6687-2(c), (g), (h).
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Texas. Attorney-General's Office. Texas Attorney General Opinion: LO97-114, text, December 18, 1997; (https://texashistory.unt.edu/ark:/67531/metapth277296/m1/1/?q=%221997~%22&rotate=90: accessed July 16, 2024), University of North Texas Libraries, The Portal to Texas History, https://texashistory.unt.edu.; crediting UNT Libraries Government Documents Department.