‘BE A~~QRNEY GENE-I. 

PRICE DANIEL 

ATTORNEY GENERAL 

Honorable K. D. 

County Attorney 

Refugib County 

Refuglo, Texas 

February 17, 1947 

Hall Opinion No. V-33 

Re: Whether a person pulling a 

combine with a traotor over 

a state highway violates 

Article S27a, Vernon’s Penal 

Code, unleae he has first 

obtained a special permit in 

aooordhnoe with the provisions of Article 6701a, Vernon’s Annotated Civil Statutes. 

,Dear Sir: 

Your letter of January 7, 1947, in rhlah you 

request an opinion of this department on the question 

contained therein, has been referred to the writer for 

attention. Your letter is in part as follows: 

I . . . 

*I would like to know whether or not .a party 

pulling a combine over the State Highway with 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 

required by Article 6701a; In other words, 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 in width. 

vIn my opinion the intention of the Legislature 

was to permit all faming equipment to be moved over 

the highway without 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 ‘as used in tillin the soil’ is within the definition. The wayms 

d e initlon reads, it could be interpreted to mean 

implements striotly used for’ the tilling of soil, 
Honorable K. D. Hall, page 2 

suoh as the plow. . . * (emphasis supplied). 

Article 827a, Section 3a, Penal Code of Texas, 

reads as follows: 

"No vehicle shall exceed a total outside 

width, including any 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 limitations as to size of vehiole stated in this section shall not apply to 

vim lements of husbandry" Including machinery 

use ii solely for the purpose of drilling water 

wells, and highway bullding'and maintenance machlncry temporarily propelled 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 transportation of 

such commodities as cannot be reasonably dismantled, where the gross weight or size exceeds the 

limits allowed by law to be transported over a 

state highway, the State Highway Department may, 

upon application, issue a permit for the operation of said equipment with said commodities, when 

said State Highway Department is of the opinion 

that the same may be operated without 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's Annotated Civil Statutes, defines nlmplements of husbandry," 

for the purposes of certain exemptions under Vernon'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's Annotated Civil Statutes, defines "implements of 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, threshing maohines, and combined harvesters 

are as clearly wlmplements of husband* as are 

hand rakes, single plows, sickles, cradles, flails, 

or an old fashioned machine for winnowing. There 

is no ground for excluding an implement from the 

operation of the exemption statute because it is 

an improvement, and supplants a former implement 

used with less effectivenese for the same purpose. 

fstate of Klem 

I’ 

119 Cal. 41, 39 L.R.A., 340, 342, 

50 Pac. Rep. 1 62.” 

Since Article 6687b, Section 1, Paragraph (g) , 

is oonsistent with Article 6675a-1, Section 1, Paragraph 

(r), and treats of similar subject matter, it indicates 

the intention of the Legislature as to what constitutes 

*implements of husbandry” as applied to Texas highway 

and motor vehicle laws. 

“It the intent remains obscure after reading 

the entire act, the court may consider other laws 

and circumstances indioatlng the 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 in Article 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 accordanoe w cf th Article 6701a, Vernon’s Annotated 

Civil Statutes, doer uot violate Article 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 highway without 8 special permit obtained in accordance with Article 6701a, Vernon’s Annoteted 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 : j rb 

APPROVED 

OPINION