Untitled Texas Attorney General Opinion ( 1949 )

-. -. RNET GENERAL, OFFXAS Auguat24, 1949 MP. Ernest Ouinn Opllllonlo. v-&2 County Attorney El Paso County lie: Olarri?iaatioa or * El Paso1 Texas water well drilling outfit an an implerent of husbandry, thelceby exempting it from motor vehiole reglatra- tion, Dear Sir9 of this office on You have asked for the opl~forra. the question of whether a water well d~fllfng outfft is an Implement of husbandry and therefoae exempt from motor vehl- cle registrationunder the terms of Artiole 66750-2, Vernon*e Civil Statutes. AcoordQingto the statement of faots aub- mitted, the drilling unit is used solely for the purpose of dpllllng water wells for lrr4gatlonand farm purposes. The public highways are used temporarflg1~ moving the unit from one drilling site to another, AxMole 6675a-2, Ve1pnongsCivil Statutes, provides in part: %kwry owner of a motor vehhfcle,trailer or semi-trailerused or to bs used upon the public highways of this State shall apply each yealpto the State Highway Department ttiough the County Tax Collector of the county In which he re8id.s for the registrationof each such veh%ole own& or controlledby him for the ensuing OP ourPent calendar year OF unexpfred portion thereof; pro- vided that where a pub%fc highway separates larrds under the dominion OF control of tha owner, the operation of a motor vehicaleby such owner> hi8 agenta or employees,across such highway rhall not constitute a use of such motor vehicle upon a public highway of this S%ate. Owners of farm tpactors. farm trailers, farm aemf-trailers,and Implement-sof husbandry, operated or moved tem- porarily upon the highways shall not be required to register-sueh farm traotors, farm trailers, farm se$.-t.sailers,OF implementsof husbandry; * a 0 * Mr. Ernest Guinn, page 2 (v-892) Article 8278, Se&ion 3(a), Vornon~s Penal Code, provides P "no vehlole ehall exoeed a total outride width, lnoludlng any lo& thereon8 of ninety- six (96) lnoher, except that the width of a farm tractor shall not exceed nine (9) fret, and exoept further, that the limitat1onras to sire of vehiole stated in this seotlon shall not .applgto implementsof husbandry# inoludingmachinery used solely for the pur- pose of drilling water wells, and highway building ant3malntenanoemaohlnay temprari- ly propelled or moved upon the pub110 highways." The following definition of 'implementsof husbandry" is found in Artiole 6675a-1, Vernon(a Civil Statuter: Y(P) *Implementsof husbandry9 shall mean farm implements,maohlnery and tools as used in tilling the sollp but shall not Include any pas- senger car or truok." Ballentine defines "Implementsof Husbandry" a8 follows8 “Any fnstrumentused directly in the busi- neaa of farming> and for no other purpose Is an implement of husbandry, Horae rakes9 gang pleas, headers9 threshing machines, and combined harves- ters are as clearly implementsof husbandry as are hand rakes> single plows, sickles, sredles, fs;rt or an old fashfoned machine for winnowing. I8 no ground for exoluding an implement from the operation of the exemption statute because it Is an Improvement,and supplant3 a farm implement used with less effeotiveneeafor the same purpose, Eatate of Klempfi119 Cal. 41, 39 L,Rd, 340, 50 Pacr.Rep. 1062. The machine mentioned by you ir an implementOf husbandry under the p~ovislons of Artlole 827a, Seotlon 3(a), Vernongo Penal Code, and the limitationsa8 to the SlsO of vehleles stated in that seotlon do not apply to such a ma- ohine. Suoh ie not oonoluslvebut It Is pereuaalve In at- tempting to arrive at a deofslon on the question presented. The definition of "implementsof husbandry" found in ArtiOle :~JT-I.$ Vernongs Civil Statutes, was added to the Aot in * br, Ernest Guinn, page 3. (V-892) Implementsof huaban&y we t from r&a- tntlon under the proriaions of ArticleTP fia-2. FOP the pposes of that Artlole, "implementsof husband& are defined in paragraph (P) of Artiole 66Ba-1 as "farm laplo- wents, machinery and tools as used in tilling the soil, but shall not lnolude any passenger ear or trunk.” We ai=e OS the opinion that the Legislaturedid not Intend to InaluW and did not in faot Include, within the terms of the deli- Legislature Intended that any fnstrmment used direotlj l.n the business of farming, and for no other pwpcse, be in- oXuded vlthln the terms of the definition. If, as a matter of fact, a machine is used rolely for the purpose of &ill- lng water wells for Irrigation and farm purposes, we oonoluds that suoh a machine is an implement of husbandry within the meanlug of the registration statutea. Such a machine, If It Is operated or moved temporarily upon the highways is exempt from registration under the provisions of Artiole ~67!%-2, V.C.S. A machine used solely for the purpose of drilling water wells for irrigationand farm gPrposes is an implement of husbandry under the provisions of Article 6675a-2, Vernonlo Civil Statutes. Suoh a machine whioh is opsr- ated or moved temporarily upon the hlghVa)1,is exempt from registratfon under the provisions of the statute. Yours very truly MTORl'TETGEI?ERALOF!PEXAS