## 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

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"3

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"4,

"5. Whether a farm corporation can qualify for farm license registration.
Are trucks which belong to the corporations and used only tohaul the live poultry raised on the farms from the corporations' farms tomarket (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 inhauling eggs from the corporations' farms to the corporations' places ofbusiness 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 tomarket and for no other purpose. Also, there are several other cars belonging to the corporati,onswhich 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 isa third set ofvehicles 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 tohaul eggs from the farms to the corporations' principal places ofbusiness for the grading and sorting of the eggs." Article 6675a-6a provides inpart as follows:
"Whena commercial motor vehicle is tobe used for commercial purposes by the owner thereof only in the transportation ofhis own poultry? dairy, livestock, livestock products, timber in its natural state, and farm products tomarket, or to other points for sale orprocessing, or the transuortation by theowner 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 forhis ownuse, or use on such farm or ranch, the registration license fee shall be fifty per cent (50%)of the registration fee prescribed forweight classifications in Section 6of thisAct; provided, however, that the additional use of the vehicle as ameans ofpassenger transportation, without charge, of members of the family to attend church or school, tovisit doctors formedical treatment or supplies, and for other necessities of thehome or family shall not prevent its registration as a farm vehicle. Nothing in the foregoing shall be interpreted as permitting theuse ofa farm licensed vehicle in connection with other gainful employment.
. . auMr. Bill F.Griffin, Jr.~,Page 3,WW-1357

This department has ruled inprevious opinions, to-wit, numbered O-3317, O-3760 and O-6113, that a person or corporation hauling poultry, dairy, livestock, livestock products, timber in itsnatural state, and farm products tomarket orplaces for processing, which suchpersons or corporations have produced themselves on their own property orproperty under their control by lease, or otherwise, bymeans of a commercial motor vehicle, as that term isdefined by'Art. 6675a-1, are entitled to register such commercial motor vehicle at 50%of the regular registration fees for suchmotor vehicle, which is commonly known as the farm license registration. The fact that the owner is a corporation oran individual makes nodifference,

We are therefore of the opinion that each of the vehicles mentioned inyour questions numbered 1,~2, 4and 5are 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 amotorcycle or passenger car) designed orused primarily for the transportation of property, includingany passenger carwhich has been reconstructed soas tobe used, andwhich isbeing used, primarily for delivery purposes! with the exception ofpassenger 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 apassenger car from being registered as a farm vehicle unless ithas been reconstructed so as tobe used and which isbeing 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 tomake rules and regulations, classifying vehicles for registration and the State JIighwayCommission has issued a rule and has instructed tax collectors that apassenger carmay not be registered as a farm vehicle unless ithas been completely reconstructed for the purpose ofmaking delivery ofproperty and thereby ceases tobe apassenger car, The cars referred to inyour question numbered 3appear to be regular passenger cars designed and used as such and comes withinMr. Bill F. Griffin, Jr,, Page 4,WW-1357

the definition of apassenger car as defined byArt. 6675a-1, Sec. Cj),and, therefore, in our opinion are not subject tobeing registered with farm license as provided byArt. 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 tohaul poultry, baby chicks and eggs from their farms where they are produced, or from thehatchery to the farms, by the corporation to the place where they are processed or grown by the corporation are qualified tobe registered as farm trucks.
Carsbelonging to the corporation andused 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 Iolavi3c.-" Frank Booth
REVIEWED FOR THEATTORNEY GENERAL BY: Leonard Passmore