Untitled Texas Attorney General Opinion ( 1957 )

TEEA~TORNEYGE~RAL OF TEXAS AUSTIN ~.TEXAS WILL WILSON **o- GENERAI. March 26, 1957 Hon. Glyndon M. Hague Opinion No. WW-76 County Attorney Johnson County Re: Necessity of a specialized Cleburne, Texas motor carrier certificate for a cooperative of dairy- men organized under the Coop- erative Marketing Act, to Dear Sir: bzulbulk milk to market. Your request for an opinion of thlm office in, your.letter of March' 14, 1957, on the above subject matter Is, in part, es fol- lows: "Is it necessary for a cooperative organized under the Cooperative Marketing Act of the State of Tazas to have a special$xed motor carrier certificate to haul bulk milk within the State?" You further state In your letter: "It is my conclusion that a group of dairymen, vho organize an association under the Cooperative Marketing Act, for the purpose of hauling their bulk milk to zu&r- ket, is exempt from the requirement of having a special- ized motor carrier certificate." Motor carriers are regulated in Texas and must obtain proper certificates or permits from the Railroad Commission before commencing operation. However, Article glib, Section la(l), V.C.S., provides: "Provided, however, that the term 'motor carrier' and the term 'contract carrier' as defined in the pre- ceding section shall not be held to include: .I "(b) Any person transporting farm implements,, livestock, livestock feedstuffs, dairy products . . . of which such person is the bona fide owner on a ve- hicle of which he is the bona fide owner to and from the area of production and to and from the market or Place of storage thereof; provided, however, if such person (other than a transportation company) has in his possession under a bona fide consignment contract, livestock, wool, mohair, milk and cream, fresh fruits Hon. Slyndon M. Hague, Page 2 (``-76) and vegetables, or timber in its natural state under contract, as en incident to a separate, fixed, and established business conducted by him the said pos- session shall be deemed ownership under this Act.” Article qllb, Section la(2), provides: ‘The term ‘gerson’ as used In this Act Shall in-, elude persions, firms, corporations, companies, co-part- nerEhip6, or associations or joint stock sraoclations (anU their receivers or trustees appointed by any Court whatsoever). We have carefully considered the above mentioned $tatute in connection with your inquiry and are in agreement with your con- clusion that this group of dairymen are exempt from the requirelIMit of having a specialized motor carrier certificate. The statute is plain and unambiguous and mnst be titer- preted literally. As defined in the statute, the term “pereon” includes “associations”. Such an organization, ba an asrqcia- E, is exempt from the requirement of hmving a apecti’lized motor carrier certificate for hauling their bulk milk to market @n d ve-’ hicle of which it is the bona fideer. If milk belonging to others is hauled in a co-op truck for compens&ion, then a special- ized motor carrier certificate must be secured. Anassociation of dairymen who organize under the Cooperative Marketing Act of Texas, for the purpose of hauling bulk milk owned by the association (or its members) to market on a vehicle of which it is the bona fide owner, is exempt from the requirement of having a Specialized Motor Carrier Certificate. Very truly yours, WILL WILSON NAC-IDl Attoaey General APPROVED: OPINIONCOWMITTEE H. Grady Chandler, Chairman Assistant