TEIEATTORNEYGENERAL 

OF TEXAS 

September 3, 1953 

Honorable J. R. Alamia Opinion No. S-97 

Criminal District Attorney 

Hldalgo County Re: Legality of claaslfgRdinburg, Texas ing tank trucks used 

by farmers to haul 

water over public 

highways as "impleDear Mr. Alamia: ments of husbandry." 

Your request for an opinion reads In part: 

"Certain tank trucks are being used by a 

farmer for the transportation of water to and 

from several of his farms. These trucks are 

used exclusively for the purpose of transporting water to said farms to be used in the cultivation of crops. Said trucks operate, of necessity, upon public highways en route to various 

farms or portions of farms. The water is intended 

solely for the use of the owner of the trucks and 

said trucks are not put out for hire. The owner 

of said trucks has failed to register said vehicles 

insisting that they are implements of husbandry 

and the operators of same are not licensed as motor 

vehicle operators as provided by Texas law. 

"Question No. 1. Do these water trucks fall 

under the category of 'implements of husbandry' 

as defined in Art. 6675a-1, R.C.S., and If so are 

they exempt from registration? 

"guestion No. 2. If these water trucks do 

not fall within the category of 'Implements of 

husbandry' and they are liable to registration, 

then in that event do they fall within the meaning of Art: 6675a-da providing for a 50s reduction of registration fees for certain farm 

vehicles? 

"Quea;lon No. 3. Are persons operating such 

water true a on public h&hways temporarily required to have a motor vehicle operator'8 llcense?n 
Ron. J. R. Alamla, page 2 

Article 6675a-2 

“Every owner of 

(s-97) 

reads in part as follows: 

semi-trailer used or 

a motor vehicle, trailer or 

to be used upon the public .-- - highways of this State snall apply eactl 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 current 

calendar year 0 0 o Owners of farm tractors, farm 

trailers, farm semi-trallers, implements of husbandry, and machinery used.solely for the purpose 

of drilling water wells operated or moved temporarily upon the highways shall not be required to 

register such farm tractors, farm trailers, farm 

seal-trailers, implements $f husbandry, and welldrllllng machinery; 0 0 D 

Prior to 1941, Article 6675a-1 defined "motor 

vehicle, ' "farm-tractor," and 'farm semi-trailer," but 

did not deflne "Implements of husbandry." The question 

arose as to whether or not a water tank truck, used exclusively for the purpose of hauling water to and between 

certain farms and thereby used temporarily on the public 

highways, was an "Implement of husbandry" within the 

meaning of Article 6675a-2. This question was decided 

in Allred v. J. C. Ennelman. Inc,, 123 Tex. 205, 61 

S.W.26 75 (1933), which construed Article 6675a-2 to 

Include such water trucks within the meaning of "lmplements of husbandry" therein. Also see Bean v. Reeves, 

77 s.W.26 737 (Tex. Civ. App. 1934). 

The EnneIman case settled the law on the subject until 1941, at which time the 47th Regular Session 

of the Legislature passed Senate Bill No. 43, adding 

a new section to Article 6675a-1, which defined Amplements of husbandry as follows: 

"iImplements of husbandry' shall mean farm 

Implements, machlnerg and tools as used In tilling 

the soil, but shall not include any PassenRer car 

or truck." (Emphasis added.) 

It cannot be doubted that the Legislature has 

the power to make or change the law In this field and 

by the words "shall. not include any passenger car or 

truck" it clearly and unambiguously excluded all trucks 

from the definition of Implements of husbandry. It Would 

indeed requlre a stralned construction of the above section to except such water tank trucks as are here involved 

. . 
, . . 

Hon. J. R. Alamia, page 3 (5-97) 

from the scope of this exclusion. Your first question, 

must, therefore, be answered “No.” The~trucks here lnvolved are not Implements of husbandry and therefore 

are not exempt from registration. 

In answering your second question, we must 

look to Article 6675a-6a, which reads In part as follows: 

"When a commercial motor vehicle sought to 

be registered and used by the owner thereof~ only 

ln the transportation of his own poultry, dairy, 

livestock, livestock products, timber In Its natural state,~and farm products to market, or to other 

points for sale or processing, or the transporta- 

'tlon by the owner thereof of laborers from their 

place of residence, and materials, tools, equipment 

and supplies, without charge, from the place o'f 

purchase or storage, to his own farm or ranch, 

exclusively for his own use, or use on such farm 

or ranch, the registration license fee, for the 

weight classlflcations herein mentioned, shall be 

fifty (50%) per cent of the registration fee prescribed for welghf; classifications In Section 6 

of the Act . . . 

It Is obvious that the Leglslature cannot lncluae every situation In which a farm truck might be 

used nor everything which might be transported ln e farm 

truck within the statute designating which trucks are 

entitled to the reduced license fee, and they have, there,- 

fore, used such general terms as "materials, tools, equlpment and supplies" In setting out what materials or goods 

may be transported.under this act. Clayton v. Bridgeport 

Mach. Co., 33 S.W.2d 787 

defines %upplles" as 

(Tex. Civ. App. 1931 error ref.) 

"available aggregate of'thlngs needed 

or demanded; anything yielded or afforded to meet 'a want." 

United States Fidelity and Guaranty Co. v. 

Feenaughty Machinery Co., 197 Wash. 569, 85 P.2d 1085 

x1939), defines supplies as: 

II 

. . . including anything that Is furnished 

for, and used directly ln the carrying on of, the 

work, and Is entirely consumed thereby." 

3~1~11 v. Delaney_ 175 Misc. 795, 25 N,.Y.S.2d 

387 (1941), defines suppli& thus: 
Hon. J. R. Alan&a, page 4 (3-97) 

. . 

"Supplies relatea to sotiethlng used directly 

in carrying on work, something in addition to it, 

those articles necessary for 

entity to function properly." 

enabling an existing 

The above deflnltlons would obviously Include 

water as It is being used here within the scope of the 

word "supplies." We also feel that the legislative lntent la clear from the wording of the act that where 

tank trucks are being used by a farmer for the transportation of water to his farm, these trucks being used 

exclusively for this purpose and solely for the owner 

of the trucks, they should fall within the provlslons 

of Article 6675a-6a, providing for a 50s reduction of 

registration fees. Your second question Is accordingly 

answered in the affirmative. 

In answer to your third question, we must look 

to Article 6687b, V. C. 3. Section 2 of this article 

reads In part as follows: 

“(a) No person, bxcept thobe hereinafter 

expressly exempted, shall.drive any motor vehicle 

upon a highway ln this State unless such person 

has a valid license as an operator, a commercial 

operator, or a ckauffeur under the provisions of 

this Act. . . . 

Section 3 of Article 6687b states that the 

following persons are exempt from license: 

"2 . Any person while driving or operating 

any road machine, farm tractor> or Implement of 

husbandry temporarily operated or motied on a hlghway, and while driving or operating any commercial 

motor vehicle temporarily on the highway in an emergency." 

The definition of "Implements of husbandry" 

contained in Section 1 of Article 6687b excludes any 

automobile or truck, as does the definltlon In Article 

6675a-1. From the answer to your first question, It 

follows that the trucks here Involved are not Implements 

of husbandry within this exemption. The trucks are commercial motor vehicles which, In a sense, are being 

"tem~rarlly" operated on the highway, but they are not 

being "temporarily operated ln an emergency" and conse- 

;y;;tly do not come within the latter part of the exemp- 

. Since they are not within any of the exemptions 
. . . 

Hon. J. R. Alamla, page 5 (3-w) 

In the statute, the drivers of these trucks must have 

a license for their operation on a highway. 

Section 3 of Article 6687b contains this further provision, added in 1951: 

“48. A person operatlng a commercial motor 

vehicle, the 

six thousand 7 

ross weight of which does not exceed 

6,000) pounds as that term Is defined 

in Article 6675a-6 of the Revised Civil Statutes 

of Texas, operated In the manner and bearing current farm registration plates as provided in Article 

6675a-6a of the Revised Civil Statutes, who holds 

an operator’s license, shall not be required to 

obtain a commercial operator’s license. I’ 

It was held ln answer to your second question 

that these trucks are entitled to registration under 

Art lcle 6675a-6a. If so registered and the gross weight 

of the truck does not exceed 6,000 pounds, an operator’s 

license is all that Is requlred. 

exceeds 6,000 pounds, 

If the gross weight 

the driver Is required to hold 

a commercial operator’s license. 

(1941) 0 

Att’y. Gen. Op. 0-3560 

SUMMARY 

Tank trucks being operated on a public hlghway by a farmer In the transportation of water to 

and between several of his farms to be used in the 

cultivation of crops, they being used exclusively 

for thls purpose and for the use of that farmer 

only, are not implements of husbandry and therefore must be registered under the provisions of 

Article 6675a-2, but they are entitled to the 50% 

reduction in registration fee provided for in 

Article 6675a-6a. Their drivers must have a driver's 

license, and they are required to have a commercial 

operator’s license If the gross weight of the truck 

exceeds 6,000 ponds. 

APPROVED: 

M. Richardson 

State Affairs Division 

& e;LrWall f 

Yours very truly, 

JOHN BEN SHEPPEBD 

Attorney General 

Robert 3. Trottl 

First Assistant 

John Ben Sheppard 

Attorney General 

By @dd?dk@ 

David Beerbower 

Assistant