THEA ORNEY GENE-L 

OF%-EXAS 

June 25, 1962 

Mr. Bill F. Griffin, Jr. 

County Attorney 

Shelby Couiity 

Center, Texas 

Opinion No. WW-1357 

Re: Whether a farm corporation can qualify for 

farm license registraDear Mr. Griffin: tion. 

You have requested an opinion from this department relative 

to the above captioned matter and specifically have submitted the 

following five questions: 

1 l 

"2 . 

"3 . 

"4, 

"5. 

Whether a farm corporation can qualify 

for farm license registration. 

Are trucks which belong to the corporations and used only to haul the live 

poultry raised on the farms from the 

corporations' farms to market (processing plants) eligible for farm license 

registration? 

Are cars which belong to the corporations and used solelv by supervisors 

of the corporations to supervise the 

farm operations subject to farm license 

registration? 

Are trucks which belong to the corporations and used for the purpose of transporting baby chicks from the corporations' 

hatcheries to the corporations' farms 

subject to farm license registration?, 

(Hatchery and farms owned by same 

corporation). 

Are trucks which belons to the corporations and are used exclusively in hauling 

eggs from the corporations' farms to the 

corporations' places of business for 

grading and sorting, subject to farm 

license registration?" 
. 

Mr. Bill F. Griffin, Jr., Page 2, WW-1357 

In connection therewith you have submitted the following 

statement of facts: 

"There are a number of corporations in 

Shelby and surrounding counties which raise 

and transport poultry in their own trucks to 

market. These poultry trucks are used 

exclusively for transporting poultry raised 

and belonging to the corporations to market 

and for no other purpose. Also, there are 

several other cars belonging to the corporati,ons which are used only for transportation 

of the supervisors to the various farms for 

the purpose of inspecting the poultry being 

raised on the farms and supervising their 

care, There is a third set of vehicles owned 

by the corporations which are used only for 

the purpose of transporting baby chicks from 

the corporations' hatcheries to the farms 

owned by the corporations or to haul eggs 

from the farms to the corporations' principal 

places of business for the grading and sorting of the eggs." 

Article 6675a-6a provides in part as follows: 

"When a commercial motor vehicle is to be 

used for commercial purposes by the owner thereof 

only in 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 transuortation by the owner thereof of 

laborers from,their place of residence, and 

materials, tools, equipment and suppiles, without 

charge, from the place of 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 shall be fifty per cent (50%) of the 

registration fee prescribed for weight classifications in Section 6 of this Act; p rovided, however, 

that the additional use of the vehicle as a means 

of passenger transportation, without charge, of 

members of the family to attend church or school, 

to visit doctors for medical treatment or supplies, 

and for other necessities of the home or family 

shall not prevent its registration as a farm 

vehicle. Nothing in the foregoing shall be interpreted as permitting the use of a farm licensed 

vehicle in connection with other gainful employment. . . au 
Mr. Bill F. Griffin, Jr.~, Page 3, WW-1357 

This department has ruled in previous opinions, to-wit, 

numbered O-3317, O-3760 and O-6113, that a person or corporation 

hauling poultry, dairy, livestock, livestock products, timber in 

its natural state, and farm products to market or places for 

processing, which such persons or corporations have produced 

themselves on their own property or property under their control 

by lease, or otherwise, by means of a commercial motor vehicle, 

as that term is defined by' Art. 6675a-1, are entitled to register such commercial motor vehicle at 50% of the regular registration fees for such motor vehicle, which is commonly known as 

the farm license registration. The fact that the owner is a 

corporation or an individual makes no difference, 

We are therefore of the opinion that each of the vehicles 

mentioned in your questions numbered 1,~ 2, 4 and 5 are qualified 

to be registered with a farm license and answer such questions 

in the affirmative. 

Art. 6675a-1, Sec. (i) reads as follows: 

"'Commercial Motor Vehicles' means any 

motor vehicle (other than a motorcycle or 

passenger car) designed or used primarily 

for the transportation of property, including any passenger car which has been reconstructed so as to be used, and which is being 

used, primarily for delivery purposes! with 

the exception of passenger cars used In the 

delivery of the United States mails. As 

amended Acts 1941, 47th Leg,, p, 144, ch. 

110 5 1." 

The statute expressly prohibits a passenger car from being 

registered as a farm vehicle unless it has been reconstructed so 

as to be used and which is being used primarily for delivery purposes 

with the exception of passenger cars used in the delivery of the 

United States mails. 

The State Highway Commission is given the authority to make 

rules and regulations, classifying vehicles for registration and 

the State JIighway Commission has issued a rule and has instructed 

tax collectors that a passenger car may not be registered as a farm 

vehicle unless it has been completely reconstructed for the purpose 

of making delivery of property and thereby ceases to be a passenger 

car, 

The cars referred to in your question numbered 3 appear to 

be regular passenger cars designed and used as such and comes within 
Mr. Bill F. Griffin, Jr,, Page 4, WW-1357 

the definition of a passenger car as defined by Art. 6675a-1, Sec. 

Cj), and, therefore, in our opinion are not subject to being 

registered with farm license as provided by Art. 6675a-6a. 

We therefore answer your question No. 3 in the negative. 

SUMMARY 

Trucks owned by a corporation which are used 

by the corporation exclusively to haul poultry, 

baby chicks and eggs from their farms where they 

are produced, or from the hatchery to the farms, 

by the corporation to the place where they are 

processed or grown by the corporation are qualified 

to be registered as farm trucks. 

Cars belonging to the corporation and used 

solely by supervisors of the corporation to supervise the farm operations are passenger cars and 

not subject to farm registration, 

Yours very truly, 

WILL WILSON 

Attorney General of Texas 

JHB:ca 

APPROVED: 

OPINION COMMITTEE 

W, V. Geppert, Chairman 

Elmer McVey 

Ernest Fortenberry 

Iola vi 3 c.-" 

Frank Booth 

REVIEWED FOR THE ATTORNEY GENERAL 

BY: Leonard Passmore