## ‘BE A~~QRNEY GENE-I.

PRICE DANIEL ATTORNEY

GENERAL

HonorableK. D. CountyAttorney Refugib County Refuglo, Texas February 17, 1947

Hall Opinion No. V-33

Re: Whether a person pulling a combinewith a traotor over a state highway violates Article S27a,Vernon’s Penal Code, unleaehe has first obtained a special permit in aooordhnoewith the provisions of Article 6701a,Vernon’s Annotated Civil Statutes. ,DearSir:
Your letter of January 7, 1947, in rhlah you requestan opinion of this department on the question contained therein, has been referred to thewriter for attention. Your letter is in part as follows:

I

. . . *I would like to know whether or not .aparty pulling a combine over the State Highwaywith a traotor is violating the above Statutes, to-wit: 8278, Section 3a, if he did not have a special permit to pull such combine over said highway as is requiredby Article 6701a; In otherwords, is a combine an “Implement of husbandry- under the Law of Texas? “For your information,a combine, as you may know, is used for the purpose of harvesting small grain, and the one I have in mind is more than eleven (11) feet inwidth.
vIn my opinion the intention of the Legislature was to permit all faming equipment to be moved over the highwaywithout a special permit. The definition ef *implements of husbandry” as provided in Article 6675a-1 (r) above, is somewhat indefinite,especially in view of the fact that the phrase ‘asused in tillin the soil’ is within the definition. The wayms de initlon reads, it could be interpretedto mean implements striotly used for’ the tilling of soil,Honorable K. D. Hall, page 2

suoh as the plow.

. . * (emphasissupplied). Article 827a, Section 3a, Penal Code of Texas, reads as follows:

"No vehicle shall exceed a total outside width, includingany load thereon,of ninety-six (96) inches, except that the width of a term tractor shall not exceed nine (9) feet, and except further, that the limitationsas to size of vehiole stated in this section shall not apply to vim lements of husbandry" Includingmachinery useii solely for the purpose of drillingwater wells, and highway bullding'andmaintenancemachlncry temporarilypropelled or moved upon the public highways." Article S27a, Section 9b, providing a penalty ior violation thereof. Article 67Ola, Section 1, Vernon's Annotated Civil Statutes, provides the following:

"When any person, firm or oorporstion shall desire to operate over a state highway super-heavy or over-size equipment for the transportationof such commoditiesas cannotbe reasonably dismantled, where the gross weight or size exceeds the limitsallowed by law to be transportedover a state highway, the State Highway Departmentmay, upon application, issue a permit for the operation of said equipmentwith said commodities,when said State Highway Department is of the opinion that the same may be operatedwithout material damage to the highway. ,Frovided,however, that nothing in this Act shall prevent the full contxul of such movements or operations on the streets of cities and towns by the ordinances of such munioipalities." Article 6675a-1,paragraph (r),Vernon'sAnnotated Civil Statutes, defines nlmplementsof husbandry," for the purposes of certain exemptionsunderVernon's Fenal Code, Article 827a, Section 3a, as “Farm Implements, machinery and tools as used in tilling the soil, but shall not include any passenger car or truck," while Article 6687b, Section 1, paragraph (g),Vernon'sAnnotated Civil Statutes, defines "implementsof husbandry* for purposes of certain exemptions under the Driver's Lltense Law as “Farm implements, machinery, and tools as used in tilling the soil, namely: Cultivators, farm trac-Honorable K. D. Hall, page 3

tars, reapers,binders, combines, or mowing machfnery, but shall not include any automobile or truok.” (emphasis supplied)

Rallentine’s definition of elmplements of husbandry” is as follows:

*Any instrument used directly in the business 0r farming, and for no other purpose is an simplement of husbandry.” Horse rakes, gang plows, headers, threshingmaohines, and combined harvesters are as clearlywlmplements of husband* as are hand rakes, single plows, sickles, cradles, flails, or an old fashionedmachine forwinnowing. There is no ground for excluding an implement from the operation of the exemptionstatute because it is an improvement,and supplants a former implement used with less effectivenesefor the same purpose. fstate of KlemI’ 119 Cal. 41, 39 L.R.A., 340, 342, 50 Pac. Rep. 1 62.” Since Article 6687b, Section 1, Paragraph (g), is oonsistentwith Article 6675a-1, Section 1, Paragraph (r),and treats of similar subjectmatter, it indicates the intention of the Legislature as towhat constitutes *implementsof husbandry”as applied to Texas highway and motor vehicle laws.

“It the intent remains obscure after reading the entire act, the courtmay consider other laws and circumstances indioatlngthe legislative intention.”
See Am. Surety Co. v. Axtell Co., 120 Tex. 166, 36 9. W. (2d) 715; Barnes v. State, 75 Grim. Rep. 188, 170 8. W. 548, 39 T. J. 177.

It is our opinion that a combine is an “implement of husbaudry”within the meaning of that term as used inArticle 827a, Section 3a, Vernon’s Penal Code, an4 that a person operating a tractor drawing a combine over a state hi ‘hway without a special permit obtained in accordanoewcf

thArticle 6701a,Vernon’sAnnotated Civil Statutes, doer uot violateArticle 827a, Vernon’s Penal Code.

SUMMARY: (1) A combine is an “implement of husbaadryW within the meaning of that term as wed in Article 027e, Bection 3a, Vernon’s Penal Code.1

.

Hon. K. D. Hall, page 4

(2) A person operating a traotor drawing a coabine over a state highwaywithout 8 specialpermit obtained in accordancewith Article 6701a,Vernon’sAnnoteted Civil Statutes, does not violate Article 827a, Section 38, Vernon’s Penal Code.
Yours very tmly A’Il’ORNEY

GENERAL OF TEXAS 

# By4kif%c&

Assistant

APPROVED FEB. 17, 1947

32!A&u ATTORNEY GENXRAL
As-SH/JMo:jrb

APPROVED OPINION