Untitled Texas Attorney General Opinion ( 1951 )

August 30, 1951 Hon. Robert S. Calvert Comptroller of Public Accounts Austin, Texas minionNo. v-1268 Re: Whether the "rider" in the general appropriation bill (Subd. (15), Sec. 2 of Art. III, H.B. 426, Acts 52nd m3., 1951, ch. 499, p. 1228) applies to pickup and panel Dear Sir: trucks. In your request for an opinion, after quoting the "rider" which is the subject of your Inquiry, you state that "this department is contemplating (1) the purchase of a pickup or (2) a panel truck" and ask: "Is either the pickup or the panel truck a passenger-carrying vehicle as defined in the above quoted section of the rider? "Should this department purchase either of the above mentioned vehicles during this fiscal year, would we be required to sell the same in September of the next fiscal year?" The "rider" in question (Sub& (15), Sec. 2 of Art. III, H.B. 426, Acts 52~1 Leg., 1951, ch. 499, p. 1228, at p. 1438) reads in part: "All State-owned motor-propelled passenger- carrying vehicles under the control of any department, commission, board, or other State agency are hereby declared to be no longer needed. Such motor-propelled passenger-carrying vehicles shall be sold in compll- ante with and as provided for in Article 666, Revised Civil Statutes of Texas, as amended, or otherwise as provided by law, not later than ~October1, 1951. No motor-propelled passenger-carrying vehicle may be pur- chased with any of the funds appropriated In this Ar- ticle, . . .ll . L. Hon. Robert S. Calvert, Page 2 (v-1.268) The term "motor-propelled passenger-carrying vehicle" is not defined in the above-quoted rider or elsewhere in the general appropriation bill. In fact, neither the statutes nor the decided cases of this State define the term. In the Uniform Act Regulating Traffic on Highways, the word "truck" is said to mean "every motor vehicle designed, used, or maintained primarily for the transportation of prop- erty." Art. 670ld, Sec. k(a), V.C.S. In Article 66V5a-1, V.C.S., relating to registration of'motor vehicles, a "passenger car" is defined as follows: "'Passenger car' means any motor vehicle other than a motorcycle or a bus . . . designed or used primarily for the transportation of persons." This office has heretofore held that the meaning of the term "passenger car" contained in the general appropriation bill adopted by the Forty-seventh Legislature for the biennium ending August 31, 1943, "is to be determined by considering its design and construction." Att'y Gen. Op. o-4182 (1941). In that opinion it was said that if a vehicle is "designed and con- structed by the manufacturer for the primary use of carrying passengers, it is a 'passenger car." We think the reasoning of that opinion has application to your first question. A motor- propelled vehicle designed and used primarily for the carriage of passengers comes within that portion of the "rider" in ques- tion held valid in Attorney General's Opinion V-1253 (1951), which provides that "No motor-propelled passenger-carrying ve- hicle may be purchased with any of the funds appropriated by this Article, . , . .l( On the other hand, a motor-propelled ve- hicle designed or used primarily for the carriage of property is not a "motor-propelled.passenger-carrying vehicle" within the meaning of the "rider," and the purchase thereof from ap- propriated funds for official use is not prohibited. Webster's New International Dictionary (2d Ed. 1938) defines "pickup" as "a small commerical body interchangeable with the rear deck of a roadster," and "panel body" as "an en- closed body for a motor truck." In Webster's New Collegiate Dictionary (6th Ed. 1949), "pickup" is defined as "a light com- mercial truck for quick collection and delivery of goods." Moreover, a "pickup truck" has been held to be a "truck" within the meaning of the New Mexico statute prohibit- ing "trucks" from operating in excess of a certain speed. H. W. mass Drilling Co. v. Ray, lOlF.2d 316 (C.C.A. 10th 1939). I..,’ r‘ ~. ~,..“~ Hon. Robert S. Calvert, Page 3 (v-1268) In view of the foregoing, we agree with you that a pickup or panel truck used primarily for the transportation of property is not a "motor-propelled passenger-carrying" vehicle within the meaning of the portion of the "rider" in question prohibiting the purchase of such vehicles. Under the "rider," a pickup or panel truck may be purchased and used for the pur- pose for which primarily designed. We believe your question relating to whether the "rider" in question will require the sale or disposition of pickup and panel trucks purchased during the current biennium ending August 31, 1951, is fully answered by Attorney General's Opinion V-l253 dated August 24, 1951, addressed to Honorable Jack H. Drake, Executive Secretary of the Texas Citrus Commis- sion. SUMMARY A pickup or panel truck used primarily for trans- portation of property is a "truck" as distinguished from a "motor-propelled passenger-carrying vehicle," and the purchase thereof is not prohibited by the "rider" to the general appropriation bill (Subd. (15), Sec. 2 of Art. III, H.B. 426, Acts 52nd Leg., 1951, ch. 499, p. 1228). This "rider" does not require the sale of a pickup or panel truck purchased during the biennium ending August 31, 1951. Att'y Gen. Op. V-1253 (1951). APPROVED: Yours very truly, C. K. Richards PRICE DANIEL Trial and Appellate Division Attorney General Jesse P. Luton, Jr. Reviewing Assistant Everett Hutchinson E. Jacobson Acting First Assistant Assistant EJ:lg