April 19, 1939

Hon. D. Richard Voges County Attorney Wilson County.. "Florea~il~~,'Texas::

DearSlr: OpinionNo. W%Q~. Re: Use of farm registrationlicense &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&lngpm- .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 regfsteredarid-

used:bythe.

owner ~thereof-:onlr in the transportatl~on .uf'hisown: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, equipmentand supplies, without charge, from the place of purchase or storage,to. his own farm or ranch, exclusively for his own use or ,use onesuch'Sarmthe registrationlicense See, Sor the we&ht classifications herein mentioned, shall be fifty per cent (50%) of the reglstratlon See,prescribed

for weight classlflcat.lonsin: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 exemptionprescribed In this article. We believe that It wasthe intentionof the Legislatureto help the farmer by lesseningthe burden of operatingan automobileor other vehicle when It was used solely to supplementother earnlngs.of and from the farm. We think that they Intendedthat 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 certainlya purpose Incidental and Rr,obablyHon. D. Richard Voges, April 19, 1939, Page 2 o-607

necessary to the successful'operation and maintenance6f a farm.

Based up6n our opinion of the Intentionof the-Legislature in passing this statute,we are unwilling to say that the farmer who owns livestockused for breedingpurposesand without additionalcharge 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 statementby saying that the
use of the farm truck~forhauling such livestockmust be an occasionaluse for that purpose. In our opiniona truck used to any great extent for that purpose is not such a, truck or .~ use as was Intendedby the Legislatureto 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 operationunder 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 .betrue 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 transporthis livestock.lna',truck operatedwith 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 drillingwells If It Is also used on the public highways of this state, must be registeredas Is providedby the law.

Yours very truly

ATTORNEY GENERAL OF TEXAS

.Nii:omb:wc

APPROVED: s/Qerald 6. tiM ATTOlWEYGENERALOF TEXAS By s/MorrisHodges Morris Hodges Assistant