~.- 

P 

. 

Hon. Homer Qarrlson, Jr., Director 

Texas Department of Public Safety 

Austin, Texas Opinion Ho. V-l.276 

Be: Legality of wei~ghlng 

cattle truoks to determine whether they are 

properly registered in 

view of House Bill 11, 

I&r Col. Qarrison: Acts 52ad Leg., 1951. 

You have as,ked for an opinioa of this office 

to the legality of weighing cattle trucks to determine .._ . _. _. _. 

as 

wMtner tneg are properly registered when such truces are 

destined to points in Texas. Your Inquiry has been made 

~a8 a result of the passage of House Bill 11, Acts 52nd 

Leg.9 1951, oh. 116, p- 189, concerning the gross weight 

of cosunerclal vehicles and providing for the veighing of 

such vehicles and for their unloading when the gross 

weight or axle load of the vehicle is unlawful. Your 

specific question Is as follows: 

"Does B. B. 11, 52nd Texas Legislature, 

Regular Session, 1951, prohibit License and 

Weight Inspectors of the Texas Department of 

Public Safety from weighing cattle trucks for 

the purpose of determining vhether they are 

properly registered when such cattle trucks are 

destfmed to points In Texas?" 

Section 6, subdivision 1, Article 8278, Vernon's 

Penal Code, as enacted in House Bill 11, provides in part 

that : 

'Provided, however, that if such load 

consists of livestock, then such operator 

shall be permitted to proceed to destination without being weighed, provided destlnation be within the State of Texas." 

Article 6675a-8, Vernon's Civil Statutes, proVides 

for the payment of annual license fees for the registrat$on 

of, trailers or semi-trailers, such Tees being based upon gross 
. . 

Hon. Homer Garrison, Jr., page 2 (v-1276) 

weight and tire equIpage. Article 66758-B 

part that: 

provides in 

"The term 'gross weight' as used in this 

section means the actusl weight of the traller or semi-trailer, 8s officially certified 

by any Public Weigher or any License and Weight 

Inspector of the State Highway Dep8rtment, plus 

Its net aarrying capecity. 'IJet carrying cepacitgl as used in this section shell be the weight 

of the heaviest net load to be carried on the 

vehicle being reglstered; provided said net 

carrying eapacltg shall in no case be less than 

the mamafacturer’s rated carrying cepaclty.n 

Artiole 6695, V.C.S., provides as follows: 

"If any person shall operate, or permit to 

be operated, any motor vehicle, liaensed under 

this law, of a greater weight than stated in 

his declaration or application for license, he 

shall be guilty of 8 misdemeanor, and upon convlctlon, shall be flned In any sum not exceeding Two Hundred ($200.00) Dollars, and each use 

of such vehicle shall constitute a separate offense; and venue for prosecutions hereunder 

shall lie in any county In which any motor vehicle is operated with a greater groas weight th8n 

that stated in the declaration or application 

for a lleense for such motor vehicle." 

The authority of the License and Weight Inspectors of the Texas Department of Public Safety to enforce 

the State motor vehicle registretlon statutes, including 

Article 66758-8 and Article 6695, m, is contained in 

Section 16 of Article 8278, V.P.C., and Article 4413(32), 

V.C.S. 

We are of the opinion that House Bill 11, suDTs, 

does not prohibit License and Wsight Inspectors of the Texes 

Department of Public Safety from weighing cattle trucks for 

the purpose of determining whether they are properly registered when such cattle trucks are destined for points in 

Texas s We do not believe the Legislature,lntended to prevent in any way enforcement of the registration statutes In 

providing that a vehicle loaded with cattle and destined 

to some point In Texas should not be weighed for the purpose of determtning whether thsre is 8 violation of the load 

1lIflit law. The p&poses of the load limit law and the regis- T 

tretlon statutes are m8nifestly different, and such purposes 
Hon. Homer Oarrisoa, Jr., page 3 &-~76) 

,- 

8re oertainly not coafllcting. No mention is m8de of any 

attempt to legislate on the question of regl,stratlon In 

the caption of House Bill 11 or in the Act Itself. We find 

no coafliat between the two statutes and therefore COnClU@ 

that the peseage of House Bill 11 does not effect the right 

of License and Weight Inspectors of the Depertment of Public Safety to we,@ cattle trucks for the purpose of determining whether they are properly registered as provided for 

in Article 66758-8, V.C.S. 

P 

House Bill 11, Acts 52ad Leg., 1951, ch. 

116, p. 189, does not prohibit License and 

Weight Inspectors of the Depertmeat of Public 

Safety from weighing cattle trucks for the 

purpose of determining vhether they are properly registered under the provisions of Article 

66758-8, V.C .S. 

APPROVED: Yours very truly 

Bled McdcIBnlel PRICE DANIEL ' 

State Affairs Division Attorney General 

Jesse P. Luton, Jr. 

Reviewing Asslat8nt 

Everett Hutchinson 

Bxecntire AssiSt8nt 

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