THEA~ORNEY GENERAL 

OFTEXAS 

Honorable Pat Beene 

County Attorney 

Andrew5 County 

Andre;qs, Texas 

Dear Sir: $inion No. O-6925 

: Registration of trucks 

which are operated on a 

road in the process of 

construction under facts 

given. 

We are in receipt of your letter of recent date requesting the opinion of this department on the above stated 

matter. We quote from your let-ter as follows: 

We h:ive several gravel dump trucks operating on a construction job, such construction 

being that of 7 new hicchway. The trucks carry 

gravel from a pit up on to the sub-grade, cut 

do not haul on .ny portiiin of a completed and 

opened iiighway. 

"Such trucks are resistered for their weight 

empty. Is it ;lecessary under the laws of the 

State of Texas that such trucks be registered for 

the weir,ht which they c.arry loaded? 

"1s a road that is in the process of being 

constructed deemed a public hi~:hway under Article 

6675a-1, subsection (I!)?'" 

In the absence of certain necessary information 

relative to the hi;,;hway construction job referred to in your 

letter, 2nd in view of the urgency of your request, we have 

secured t,he i'ollowing information from the State iiighway Department concernin,? construction work now in pro,gress on a 
Honorable Pat Been,, page 2 0-6925 

state designated highway in Andrews County: 

(1) 

(2) 

(3) 

(4) 

(5) 

The State Highway Department is now sponsoring a project in Andrews County for grading, 

culverts, flexible base and asphalt surfacing of a "Ranch tc Market" road, from a 

i 

oint of 16.85 miles west of Andrews to the New 

exico state line, a distance of 14.738 miles, 

Said project is a Federal Aid project, designated as F. A. 5. 194-A(1). 

The right of way of the above mentioned construction project is 120 feet in width, and 

the right of way of a county road which has 

been in use for many years is included within 

the 120' right of way of the above mentioned 

project. The highway, upon which above mentioned construction is in progress, follows 

the route of the above mentioned county road 

for the entire leng~th of the project and connects with a New l"lexico highway at the state 

line. 

Said road upon which the State HiD;hway Department is now making the aforementibned improvements was designated as a State Highway by the 

State Highway Commission on August 22, 1945. 

(State Highway Commission Minute No. 21382). 

The road has not been closed to public travel 

and is open to public traffic at this time, 

even though construction work is now in 

progress. 

Article 6657a-2, Vernon's Annotated Civil Statutes, in 

part provides: 

"Every owner of a motor vehicle, trailer or semitrailer used or to be used upon the public hiphways of 

t& State shall apply each year to the State Highway 

Department through the County Tax Collector of the 

county in which he resides for the registration of each 

such vehicle owned or controlled by him for the ensuing 

or cuErent calendar year or unexpired portion thereof; 

l . . 
4- 

Honorable Pat Baene,plge 3 O-6925 

Art. 6675a-6, V. A. C. S., provides; 

"The annual license fee for the registration of 

a commercial motor vehicle or truck tractor shall be 

based upon the gross weight and tire equipment of the 

vehicle as follows: 

,I . . . 

"The term 'gross weight' as used in this section 

shall mean the actual weight of the vehicle fully 

equipped with body, and other equipment, as certified 

by any Official Public Yleigher or any License and 

Weight Inspector of the State Hi,ghway Department, plus 

its net carrying capacity. 'Net carrying capacity' of 

any vehicle except a bus, as used in this section, shall 

be the weight of the heaviest net load to be carried on 

the vehicle being registered; provided said net carrying 

capacity shall Ian no case be less than the manufacturergs 

rated carrying capacity. . .I' 

Art. 6675a-1, subsection (m), V. A. C. S., provides: 

I1 'Public highway' shall include any road, street, 

way, thoroughfare or bridge in this State not priva~tely 

owned or controlled for the use of vehicles over which 

the State has le~~islhtive jurisdiction under its police 

power." 

When a road has been used i'or Public travel as a county 

road for many years, is now designate6 AS a State Highway, and 

even though certain construction work is now in progress, said 

road has not been closed to traffic and is now open to public 

travel, it is our opinion that said road is a public highway 

within the plain meaning of Article 6675a-2, subsection (m), 

supra. 

If the construction job referred to in vour letter is on 

the State highwav west of Hndre~:Js to the New lviexico line, hereinabove-described, in view of the foregoing, ,it'is our.opinion‘ 

that said highway is-arpublic,hifhway:under the provisions of 

Article 6657a-a, subsection (ml,. ~Tt:i~s therefore our, further ,' 

ol!inion that when trucks:.operate on any partion of ~such.public 

highway, such trucks should be registered for "gross weight," 

in accordance with the provisions of Article 6675a-6, suprae 
Honorable Pat beene, page 4 O-6925 

We trust that the above and foregoing satisfactorily 

answers your inquiry. 

Yours very truly, 

ATTORNEY GENERAL OF TEXAS 

BY J. A. Ellis 

Assistant 

JAE:pam 

APPROVED NOV 10, 1945 

Carlos C. Ashley 

First Assistant 

Attorney General 

APPROVED OPINION COMidITTEE 

BY BWB, CHAIRMAN