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P . Hon. Homer Qarrlson,Jr., Director

Texas Departmentof Public Safety Austin, Texas Opinion Ho. V-l.276

Be: Legality of wei~ghlng cattle truoks to determine whether they **are** properlyregistered 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

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wMtner tneg are properlyregisteredwhen such truces are destined to points in Texas. Your Inquiryhas been made ~a8 a result of the passage of House Bill 11, Acts 52nd Leg.9 1951, oh. 116, p- 189, concerningthe gross weight of cosunerclal

vehiclesand providing for the veighing of such vehiclesand for their unloadingwhen the gross weight or axle load of the vehicle is unlawful. Your specificquestion Is as follows:

"Does B. B. 11, 52nd Texas Legislature, Regular Session, 1951, prohibitLicense and Weight Inspectors**of** the Texas Departmentof Public Safety from weighing cattle trucks for the purpose of determining vhether they are properly registeredwhen such cattle trucks are destfmed to points In Texas?" Section 6, subdivision1, 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 permittedto proceed to destination without being weighed, provideddestlnation be within the State **of** Texas." Article 6675a-8, Vernon'sCivil 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 'grossweight' as used in this sectionmeans the actusl weight of the traller or semi-trailer, 8s officiallycertified by any PublicWeigher or any License and Weight Inspectorof 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 vehiclebeing 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., providesas follows:
"If any person shall operate, or permit to be operated,any motor vehicle, liaensedunder this law, of a greater weight than stated in his declarationor applicationfor 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 constitutea separate offense; and venue for prosecutions hereunder shall lie in any county In which any motor vehicle is operatedwith a greater groas weight th8n that stated in the declarationor application for a lleense for such motor vehicle."
The authorityof the License and Weight Inspectors of the Texas Departmentof Public Safety to enforce the State motor vehicle registretlonstatutes, 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 Inspectorsof the Texes Departmentof 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 Texass We do not believe the Legislature,lntended to prevent in any way enforcementof the registrationstatutes In providing that a vehicle loadedwith 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 statutesare m8nifestlydifferent,and such purposesHon. Homer Oarrisoa,Jr., page 3 &-~76)

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8re oertainlynot coafllcting. No mention is m8de of any

attempt to legislateon the question of regl,stratlon In the caption of House Bill 11 or in the Act Itself. We find no coafliatbetween the two statutesand thereforeCOnClU@ that the peseage of House Bill 11 does not effect the right of License and Weight Inspectorsof the Depertmentof Public Safety to we,@ cattle **trucks** for the purpose of determining whether they are properly registeredas 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 Inspectorsof the Depertmeatof Public Safety from weighing cattle trucks for the purpose of determining vhether they are properly registeredunder the provisionsof Article 66758-8, V.C .S.

APPROVED: Yours very truly
Bled McdcIBnlel PRICE DANIEL ' State Affairs Division Attorney General

Jesse P. Luton, Jr. ReviewingAsslat8nt

Everett Hutchinson BxecntireAssiSt8nt CBK/$se/rt