Untitled Texas Attorney General Opinion ( 1939 )


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  • Hon., Gordon C, Cass County Attorney Iampasas, Texas Rer IWe of a pickup licensed with a farm license tag. Your question as to whether a farmer can take his family to church In his Ford pickup, licensed with a:Sarm license tag, and not violate the law, has been received bf " this department. (5 ,: ,' We believe that the IntentIonof the Legislatures, .:,' ia passing section 6a OS article 667% of~our atatutth was ~‘~ to lessen the burden upon the farmer of operatit&“a mototi vehicle that he uses for'farm purposes. In order to lessen that burden the Legislatureprovided that the farmer might obtain a license tax, known as a Sarm llcease for SISty percent (SO$) of the regular commerciallicense S&e, The Legislaturenamed certain specific purposes for which a farmer might use a car ,or other vehicle licensed with a farm tag, but they obviously could not name all of the particular fact situationsthat ml&t arise, that would entitle the farmer to we the car bearing such a license tag. An examlnatl.on of'the statute reveals to us an IntentIon that the Sarmer with a vehicle bearing such a license might use our roads and highways for such purpose6 as were necessary and incidentalto the operation of his farm. Most assuredly, the Legislatureknew that the average farmer in Texas could not aSSord one vehicle to be used for farm purposes aud another Sunday car that he could use only on Sunday to take his family to church. In our .opiaionthe Legislature con- templated that the farmer might use such vehicle to uarry his SzaUyto church on Sunday, if he so desired. We think that It would be a harsh and unsound constructionof this article to hold that the vehicle licensed with a farm tag must not be used for any other purpose than Hon. oordon C. Cass, May 4, 1939, Page 2 (O-706) that specificallyuamed in the statute. So long as the Sar- mer dO8S noteabuse the privilege, created by the exemption provided for In sectj.on6a of article 6675a, he may use his automobile or vehicle to take his SamIly to church. In oti opinion the Sarmer that uses his motor ve- hicle regularly and continuouslyfor farm purposes as out- lined in our statutes, and on Sunday takes his family to church or drives to a neighbor'shouse, he may.do so without violating article 6673, sectton 68. Yours very truly GRHERA$ OF TEXAS ATTORHl$ST .' BY /a/ Morris Hodges Worrls Hodzeg HIitOmb~:jl, Ass.Istant APPROVED: /a/ H.Q.B. Gerald 6. &la& : ATTORREY fSMERl& OF,TEXAS

Document Info

Docket Number: O-706

Judges: Gerald Mann

Filed Date: 7/2/1939

Precedential Status: Precedential

Modified Date: 2/18/2017