April 19, 1939 

Hon. D. Richard Voges 

County Attorney 

Wilson County.. 

"Florea~il~~,'Texas:: 

DearSlr: Opinion No. W%Q~. 

Re: Use of farm registration license 

&xI.regiatretlon of a truck used 

only for pouez,~purposes.% 

.' ~:~~Your:request for. an oplnfonas towhe$d.mr:the owner--- 

~oS~l~~e~tock:.tr~spo~ted:~to~vaFious~:pla~es~ for b~ee&lng pm- 

.psises ~a~ent~tleid~:toipsec'a ftirmliaense-.on:the rtru&k-uaed in 

auch~Instances~:tias been .recelved..bg'thie-department..i'~ .i_~, 

Artlale 66~5a+6a~&mfddes in pa@ as- Soll~&: 

'When'~a~comme~clcrl~moto~~~~vehicle:so~ht to 

.be regfstered arid- used:by the. owner ~thereof-:onlr 

in the transportatl~on .uf 'his own:poultrp, !daie; 

live&ock, ati. farm products to market, ‘or to ~., 

other poLnts forsale: or for sale or processing, 

or the transportation by the ownerthereof of 

* laborers from their place of residence, and materia3s, tools, equipment and supplies, without 

charge, from the place of purchase or storage, to. 

his own farm or ranch, exclusively for his own use 

or ,use one such'Sarm the registration license See, 

Sor the we&ht classifications herein mentioned, 

shall be fifty per cent (50%) of the reglstratlon 

See,prescribed for weight classlflcat.lons in:Seotlon.6, (Art. 6675a-6), of the Act hereby amended." 

In drafting the'above statute~the Legislature, obvl- 

~ously could not set forth all the many Sact situations which 

might arise that would entitle the owner of said vehicle to 

the exemption prescribed In this article. We believe that It 

wasthe intention of the Legislature to help the farmer by 

lessening the burden of operating an automobile or other vehicle 

when It was used solely to supplement other earnlngs.of and 

from the farm. We think that they Intended that the truck 

might be used for such purposes as were necessary or lncidehtal to the operation of said farm and the raising or breeding 

OS livestock Is certainly a purpose Incidental and Rr,obably 
Hon. D. Richard Voges, April 19, 1939, Page 2 o-607 

necessary to the successful'operation and maintenance 6f a 

farm. 

Based up6n our opinion of the Intention of the-Legislature in passing this statute, we are unwilling to say that 

the farmer who owns livestock used for breeding purposes and 

without additional charge conveys such llvestock to the places 

of breeding Is not entitled to operate the vehicle used in 

transportation of these animals under a farm license or permit. We desire to qualify this statement by saying that the 

use of the farm truck~for hauling such livestock must be an 

occasional use for that purpose. In our opinion a truck used 

to any great extent for that purpose is not such a, truck or .~ 

use as was Intended by the Legislature to be exempt from commercial registration. 

As to your question, if the operator of a truck used 

only for power In the drilling of wells, but moved from places 

of operation under Its own power lqqst be registered. As the 

facts relgte In your letter this truck Is use6 upon the public 

huhways of this state,.and,if that .be true we find nothing 

in.the-statutes that would exempt the owner ore o;perator thereof from,havlng a license upon this truck. You are, therefore, 

advised that under our statutes If the truck is used on the 

public highways of this state, It must be registered. 

It Ls the opinion of this department that the farmer 

may transport his livestock .ln a',truck operated with a farm 

license to the places of breeding if the truck is otherwise 

used only for farm purposes. You ape also advised that the 

truck used for power In drilling wells If It Is also used on 

the public highways of this state, must be registered as Is 

provided by the law. 

Yours very truly 

ATTORNEY GENERAL OF TEXAS 

.Nii:omb:wc 

APPROVED: 

s/Qerald 6. tiM 

ATTOlWEYGENERALOF TEXAS 

By s/Morris Hodges 

Morris Hodges 

Assistant