Untitled Texas Attorney General Opinion ( 1953 )


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  •        TEIEATTORNEYGENERAL
    OF     TEXAS
    September 3, 1953
    Honorable J. R. Alamia          Opinion No. S-97
    Criminal District Attorney
    Hldalgo County                  Re:   Legality of claaslfg-
    Rdinburg, Texas                       ing tank trucks used
    by farmers to haul
    water over public
    highways as "imple-
    Dear Mr. Alamia:                      ments of husbandry."
    Your request for an opinion reads In part:
    "Certain tank trucks are being used by a
    farmer for the transportation of water to and
    from several of his farms. These trucks are
    used exclusively for the purpose of transport-
    ing water to said farms to be used in the cul-
    tivation of crops. Said trucks operate, of ne-
    cessity, upon public highways en route to various
    farms or portions of farms. The water is intended
    solely for the use of the owner of the trucks and
    said trucks are not put out for hire. The owner
    of said trucks has failed to register said vehicles
    insisting that they are implements of husbandry
    and the operators of same are not licensed as motor
    vehicle operators as provided by Texas law.
    "Question No. 1. Do these water trucks fall
    under the category of 'implements of husbandry'
    as defined in Art. 6675a-1, R.C.S., and If so are
    they exempt from registration?
    "guestion No. 2. If these water trucks do
    not fall within the category of 'Implements of
    husbandry' and they are liable to registration,
    then in that event do they fall within the mean-
    ing of Art: 6675a-da providing for a 50s reduc-
    tion of registration fees for certain farm
    vehicles?
    "Quea;lon No. 3. Are persons operating such
    water true a on public h&hways temporarily re-
    quired to have a motor vehicle operator'8 llcense?n
    .   .
    Ron. J. R. Alamla, page 2   (s-97)
    Article   6675a-2 reads in part as follows:
    “Every owner of a motor vehicle, trailer or
    semi-trailer used or to .--
    be used upon
    -    the public
    highways of this State snall apply eactl year to
    the State Highway Department through the County
    Tax Collector of the county in which he resides
    for the registration of each such vehicle owned
    or controlled by him for the ensuing Or current
    calendar year 0 0 o Owners of farm tractors, farm
    trailers, farm semi-trallers, implements of hus-
    bandry, and machinery used.solely for the purpose
    of drilling water wells operated or moved tempo-
    rarily upon the highways shall not be required to
    register such farm tractors, farm trailers, farm
    seal-trailers, implements $f husbandry, and well-
    drllllng machinery; 0 0 D
    Prior to 1941, Article 6675a-1 defined "motor
    vehicle, ' "farm-tractor," and 'farm semi-trailer," but
    did not deflne "Implements of husbandry." The question
    arose as to whether or not a water tank truck, used ex-
    clusively for the purpose of hauling water to and between
    certain farms and thereby used temporarily on the public
    highways, was an "Implement of husbandry" within the
    meaning of Article 6675a-2. This question was decided
    in Allred v. J. C. Ennelman. Inc,, 
    123 Tex. 205
    , 61
    S.W.26 75 (1933), which construed Article  6675a-2 to
    Include such water trucks within the meaning of "lm-
    plements of husbandry" therein. Also see Bean v. Reeves,
    77 s.W.26 737 (Tex. Civ. App. 1934).
    The EnneIman case settled the law on the sub-
    ject until 1941, at which time the 47th Regular Session
    of the Legislature passed Senate Bill No. 43, adding
    a new section to Article 6675a-1, which defined Ample-
    ments of husbandry as follows:
    "iImplements of husbandry' shall mean farm
    Implements, machlnerg and tools as used In tilling
    the soil, but shall not include any PassenRer car
    or truck." (Emphasis added.)
    It cannot be doubted that the Legislature has
    the power to make or change the law In this field and
    by the words "shall.not include any passenger car or
    truck" it clearly and unambiguously excluded all trucks
    from the definition of Implements of husbandry. It Would
    indeed requlre a stralned construction of the above sec-
    tion to except such water tank trucks as are here involved
    ,   . .
    Hon. J. R. Alamia,   page 3 (5-97)
    from the scope of this exclusion. Your first question,
    must, therefore, be answered “No.” The~trucks here ln-
    volved are not Implements of husbandry and therefore
    are not exempt from registration.
    In answering your second question, we must
    look to Article 6675a-6a, which reads In part as follows:
    "When a commercial motor vehicle sought to
    be registered and used by the owner thereof~only
    ln the transportation of his own poultry, dairy,
    livestock, livestock products, timber In Its natu-
    ral state,~and farm products to market, or to other
    points for sale or processing, or the transporta-
    'tlon by the owner thereof of laborers from their
    place of residence, and materials, tools, equipment
    and supplies, without charge, from the place o'f
    purchase or storage, to his own farm or ranch,
    exclusively for his own use, or use on such farm
    or ranch, the registration license fee, for the
    weight classlflcations herein mentioned, shall be
    fifty (50%) per cent of the registration fee pre-
    scribed for welghf;classifications In Section 6
    of the Act . . .
    It Is obvious that the Leglslature cannot ln-
    cluae every situation In which a farm truck might be
    used nor everything which might be transported ln e farm
    truck within the statute designating which trucks are
    entitled to the reduced license fee, and they have, there,-
    fore, used such general terms as "materials, tools, equlp-
    ment and supplies" In setting out what materials or goods
    may be transported.under this act. Clayton v. Bridgeport
    Mach. Co., 
    33 S.W.2d 787
    (Tex. Civ. App. 1931 error ref.)
    defines %upplles" as "available aggregate of'thlngs needed
    or demanded; anything yielded or afforded to meet 'a want."
    United States Fidelity and Guaranty Co. v.
    Feenaughty Machinery Co., 197 Wash. 569, 
    85 P.2d 1085
              x1939), defines supplies as:
    II
    . . . including anything that Is furnished
    for, and used directly ln the carrying on of, the
    work, and Is entirely consumed thereby."
    3~1~11v. Delaney_ 
    175 Misc. 795
    , 25 N,.Y.S.2d
    387 (1941), defines suppli& thus:
    .   .
    Hon. J. R. Alan&a, page 4 (3-97)
    "Supplies relatea to sotiethlngused directly
    in carrying on work, something in addition to it,
    those articles necessary for enabling an existing
    entity to function properly."
    The above deflnltlons would obviously Include
    water as It is being used here within the scope of the
    word "supplies." We also feel that the legislative ln-
    tent la clear from the wording of the act that where
    tank trucks are being used by a farmer for the transpor-
    tation of water to his farm, these trucks being used
    exclusively for this purpose and solely for the owner
    of the trucks, they should fall within the provlslons
    of Article 6675a-6a, providing for a 50s reduction of
    registration fees. Your second question Is accordingly
    answered in the affirmative.
    In answer to your third question, we must look
    to Article 6687b, V. C. 3. Section 2 of this article
    reads In part as follows:
    “(a)  No person, bxcept thobe hereinafter
    expressly exempted, shall.drive any motor vehicle
    upon a highway ln this State unless such person
    has a valid license as an operator, a commercial
    operator, or a ckauffeur under the provisions of
    this Act. . . .
    Section 3 of Article 6687b states that the
    following persons are exempt from license:
    "2 . Any person while driving or operating
    any road machine, farm tractor> or Implement of
    husbandry temporarily operated or motiedon a hlgh-
    way, and while driving or operating any commercial
    motor vehicle temporarily on the highway in an emer-
    gency."
    The definition of "Implements of husbandry"
    contained in Section 1 of Article 6687b excludes any
    automobile or truck, as does the definltlon In Article
    6675a-1. From the answer to your first question, It
    follows that the trucks here Involved are not Implements
    of husbandry within this exemption. The trucks are com-
    mercial motor vehicles which, In a sense, are being
    "tem~rarlly" operated on the highway, but they are not
    being "temporarily operated ln an emergency" and conse-
    ;y;;tly do not come within the latter part of the exemp-
    . Since they are not within any of the exemptions
    . ..
    Hon. J. R. Alamla, page 5 (3-w)
    In the statute,  the drivers of these trucks must have
    a license  for their operation on a highway.
    Section 3 of Article  6687b contains     this   fur-
    ther   provision,   added in 1951:
    “48.   A person operatlng  a commercial motor
    vehicle,    the ross weight of which does not exceed
    six thousand 76,000) pounds as that term Is defined
    in Article    6675a-6 of the Revised Civil Statutes
    of Texas, operated In the manner and bearing cur-
    rent farm registration     plates as provided in Article
    6675a-6a of the Revised Civil Statutes,      who holds
    an operator’s    license, shall not be required to
    obtain a commercial operator’s     license. I’
    It was held ln answer to your second question
    that these trucks are entitled    to registration   under
    Art lcle 6675a-6a.  If so registered    and the gross weight
    of the truck does not exceed 6,000 pounds, an operator’s
    license  is all that Is requlred.    If the gross weight
    exceeds 6,000 pounds, the driver Is required to hold
    a commercial operator’s  license.    Att’y.   Gen. Op. 0-3560
    (1941) 0
    SUMMARY
    Tank trucks being operated on a public hlgh-
    way by a farmer In the transportation       of water to
    and between several of his farms to be used in the
    cultivation     of crops, they being used exclusively
    for thls purpose and for the use of that farmer
    only, are not implements of husbandry and there-
    fore must be registered      under the provisions   of
    Article    6675a-2, but they are entitled    to the 50%
    reduction in registration      fee provided for in
    Article    6675a-6a.    Their drivers must have a driver's
    license,    and they are required to have a commercial
    operator’s    license If the gross weight of the truck
    exceeds 6,000 ponds.
    APPROVED:
    Yours very truly,
    M. Richardson
    State Affairs      Division
    JOHN BEN SHEPPEBD
    &     e;LrWall                           Attorney General
    f
    Robert 3. Trottl
    First Assistant                       By    @dd?dk@
    David Beerbower
    John Ben Sheppard                            Assistant
    Attorney General
    

Document Info

Docket Number: S-97

Judges: John Ben Shepperd

Filed Date: 7/2/1953

Precedential Status: Precedential

Modified Date: 2/18/2017